Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Order of sanction can be proved by examining a witness who can identify the signatures of sanctioning authority...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Accused did not point out the lapses in the sanction order - Accordingly, in absence of any material to show that sanction for prosecution was issued without due application of mind and further in absence of any failure of justice, judgment of conviction cannot be interfered with on the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Whether accused was capable of showing any favour to bribe giver is not of very importance, but the important thing is that whether accused had induced the bribe giver to give illegal gratification by making demand of the same or not - Impression in the mind of bribe giver is more..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand made by accused has not been challenged - Recovery of tainted money from the possession of accused coupled with the presumption as provided u/s 20 of the Act shows that prosecution has successfully proved the guilt of accused beyond reasonable doubt - Demand and acceptance of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 and A-2 being surgeons demanded bribe for performing operation in Government hospital - However, operation was performed by A-2 - Neither operation was conducted by A-1 nor cell phone was taken by A-1 - Further, spontaneous explanation was..........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 7, 11, 13, 15, 19 -- Summoning of additional accused - Offence committed by public servant u/ss 7, 11, 13 & 15 of P.C. Act - Courts cannot take cognizance against any pubic servant for offences committed u/ss 7, 11, 13 & 15 of Prevention of Corruption Act, even on an application u/s 319..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Demand and acceptance - Allegation that accused being Assistant Director of Agriculture demanded bribe from complainant for renewal of licence to run a fertilizer shop - On the date of trap application for renewal of licence was seized from accused - Amount was thrown on the floor by accused when he saw the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Accused `G' was convicted and sentenced to undergo R.I for a period of 3 years - He is in custody since 1.2.2024 - Considering the term of sentence imposed and the period of incarceration undergone by him,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Accused `L' was convicted and sentenced to undergo R.I for a period of 7 years - He is a guarantor and not an authority who sanctioned loan, though he was the Assistant Branch Manager - Bail granted to..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction order gives the details of complainant's case in brief and also that accused was trapped - Test on both the hands turning positive and recovery of tainted currency from possession of accused is also stated in the sanction order - Sanctioning authority had granted the sanction after..........
