Prevention of Corruption Act, 1988, Section 7, 13(1)(e), 13(2) -- Illegal gratification - Accused working as writer of police Sub-inspector demanded an illegal gratification for making the case weak against complainant - Tainted currency notes were recovered from the pocket of accused - Marks of anthrecene powder found on the pocket and finger tips of accused - No..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(e), 13(2) -- Illegal gratification - Accused settled the amount at Rs.1400/- as illegal gratification out of which Rs.500/- was accepted by him and remaining amount agreed to be paid later on - No demand was made at the time of raid - When previous demand is proved it is not required that demand at the time of raid..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(e), 13(2) -- Illegal gratification - Accused contended that panchnama is not admissible because panch witness has himself not dictated - It is required to be appreciated that even if panch has not supported, panchnama is proved with the testimony of I.O. and therefore such a contention cannot be readily accepted even if..........
Prevention of Corruption Act, 1988, Section 20, Evidence Act, 1872, Section 4 -- Presumption - Expressions "may presume" and "shall presume" are defined in S.4 of Evidence Act - Presumption falling under the former category are compendiously known as "falling presumptions" or "discretionary presumptions" - Those falling under the latter as "legal presumptions" or..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), (2) -- Illegal gratification - An accused cannot be convicted merely on the basis of hand-wash turning pink in absence of any reliable evidence to show that he either demanded or accepted illegal gratification...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Charge against two accused inseparable - Offences stemmed from conspiracy between two accused persons - No charge against present accused for demanding or accepting separately bribe amount as he accepted bribe on his own behalf as well as on behalf of co-accused - Co-accused acquitted..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand made by words and gestures - No material to show what words were actually used - Mere recovery of tainted money divorced from circumstances under which it was paid is not sufficient to convict accused when evidence in case is unreliable...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant turned hostile - Panch witness was a stock witness, who joined raids in a number of times - Moreover, Panch witness entered the picture after signal was given to raiding party therefore, he was not a witness either to demand or acceptance of bribe by accused - Conviction &..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), (2), 20 -- Illegal gratification by public servant - Demand can be made by show of gesture...........
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..........
