Prevention of Corruption Act, 1988, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Amount of Rs.150/- found in shirt pocket of accused in a trap - Shirt was hanging on peg and accused was away from room - Phenolphthalein powder not used in the case - It is duty of officers of vigilance department to safeguard for protection of public servant..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 72, 161, Criminal Procedure Code, 1973, Section 366 -- Mercy Petition - Death Sentence - All material facts including mitigating factors not placed before Governor - Mercy petition rejected without there being proper consideration of all relevant factors - Governor was deprived of the opportunity to..........
Indian Penal Code, 1860, Section 500, 499(9), Criminal Procedure Code, 1973, Section 161 -- Defamatory statement made u/s 161 Cr.P.C. during investigation of a case - Complaint u/s 500 IPC - Petition to quash complaint on the plea that statement u/s 161 Cr.P.C. comes under Exception 9 of S.499 IPC - Held, statement made u/s 161 Cr.P.C. is a 'privileged statement' -..........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2), Indian Penal Code, 1860, Section 161 -- Bribe money - Not believable that accused would accept bribe money in presence of PW who had enmity with him - Prosecution version regarding demand and acceptance doubtful - Acquittal upheld...........
Prevention of Corruption Act, 1947, Section 5(2), Indian Penal Code, 1860, Section 161 -- Corruption - Meaning - In a limited sense it connotes allowing decisions and actions of a person to be influenced not by rights or wrongs of a cause, but by the prospects of monetary gains or other selfish considerations...........
Evidence Act, 1872, Section 27, 114, Indian Penal Code, 1860, Section 300, Criminal Procedure Code, 1973, Section 100(5), 161, 162 -- Murder - Discovery of weapon alleged to have been used to commit crime - Discovery made as consequence of statement made by accused person in police custody - Seizure Panch who had signed seizure memo turning hostile - No ground to discard..........
Prevention of Corruption Act, 1947, Section 5(1)(d), Ranbir Penal Code, 1989, Section 161 -- IPC, S.161 - Illegal gratification - Mere recovery of money from accused without proof of voluntary acceptance thereof will not attract application of S.4(1) of the Act...........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2) -- Public servant - Corruption case - Acquittal due to invalid sanction for prosecution - Accused cannot be tried again after obtaining valid sanction - No one can be vexed twice for the same offence as it will be double jeopardy...........
Prevention of Corruption Act, 1947, Section 5(2), 4, Indian Penal Code, 1860, Section 161 -- Tainted money - Recovery - Once recovery is proved then there is a legal presumption that accused had accepted or obtained bribe as motive or reward - This is a rebutable presumption...........
Prevention of Corruption Act, 1988, Section 5(2), Indian Penal Code, 1860, Section 161 -- Conviction - High Court in appeal upheld conviction but altered sentence to period already undergone and further directed that conviction will not affect service of accused - State appeal - High Court was not justified in altering sentence merely because incident was of 1977 - High..........
