Prevention of Corruption Act, 1988, Section 7, 13(1)(d), (2), 20 -- Illegal gratification by public servant - Complainant put the tainted money in the pocket of accused when accused gave an indication by show of palm - Complainant lodged an oral complaint, written by another person who was not examined - No evidence to show whether money put in pocket of accused forcibly..........
Prevention of Corruption Act, 1988, Section 4(3), 13(2), 13(1), Indian Penal Code, 1860, Section 120B, 420 -- Case registered against sole public servant and no, public servants u/ss 120-B, 420 IPC r/w S.13(2) & 13(1) of PC Act - Death of sole public servant before framing of charges - No PC offence committed by any of no, public servants - Held, Special Judge had no..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Public servant - Misconduct - Accused abused his position as public servant by demanding and accepting Rs.10,000 from complainant on assurance that he shall not register case u/s 325 IPC against him - Number of currency notes recovered from accused tallied with numbers recorded in..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Public servant - Demand and acceptance - Right hand wash of accused in clear solution of sodium carbonate turned pink, shows that accused had come into contact with currency notes which investigating officer had earlier treated with phenolphthalein powder - That could not be possible..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Public servant - Reduction of sentence - Case registered about 14 years ago - Sentence awarded to accused on both counts reduced from three years to two years - Both sentences shall run concurrently and accused will be entitled to benefit of S.428 IPC...........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Misconduct - Public servant demanding bribe is or is not in a position to help bribe giver, he may in fact have misled the victim to believe that he could fully well do the work - Misconduct by a public servant need not necessarily be in connection with his official duty - Criminal misconduct is made out if a public..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Motive - Appellant Patwari alleged to have demanded Rs.300/- for purpose of mutation - He was not competent for mutation but he was an important person to initiate mutation proceedings - Therefore, complainant must be under impression that appellant would be helpful person in process of mutation..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Held, demand and acceptance of amount as illegal gratification is sine-qua-non for constituting offence u/ss 7, 13 of Prevention of Corruption Act...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Conviction set aside - Complainant required an arms licence - Admittedly, complainant had missed dates qua mandatory firing test - Certificate qua completion of course could not be issued to anyone in absence of completion of firing process - Certificate had to be signed by District Commandant and..........
Prevention of Corruption Act, 1988, Section 13(2) -- Illegal gratification - Complainant as well as shadow witness and official witness had deposed as per prosecution case but prosecution story appear to be doubtful - Prosecution has not come up with true facts and this renders prosecution case doubtful - Held, whenever there is doubt in prosecution case, benefit of same..........
