Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - A Public Servant holding two posts i.e. one under Govt. and the other on deputation with a Corporation - Public servant misusing the..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Mere recovery by itself cannot prove the charge of prosecution against the accused, in the absence of any evidence to prove payment of bribe or to show that the accused voluntarily accepted the money knowing it to be bribe...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 20 -- Illegal gratification - Prosecution failed to discharge initial burden to prove payment of gratification by PW1 to appellants - Held, prosecution under shelter of S.20 cannot escape from responsibility to prove illegal gratification nor prosecution can be permitted to canvass for conviction of appellants merely by..........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Disproportionate assets - Offence u/s.13(1)(e) - Burden of proof - Held, initial burden to prove, that either accused or any member of his family had, at any point of time, been in possession of property disproportionate to his known source of income, lies on prosecution - If initial burden is not discharged by..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Disproportionate assets - Offence u/s.13(1)(e) r/w S.13(2) - Essential conditions required to be satisfied - Held, prosecution has burden to prove that value of property or properties, which accused was alleged to have had in possession, either personally or through any member(s) of his family - There must be..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Non joining of independent witness - Independent witness could have easily been associated but I.O. did not explain the reason for non joining independent witness - Held, non association of independent and respectable persons as witnesses is fatal to prosecution case and on account of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - When demand of bribe and its acceptance by accused is not proved beyond all reasonable doubt, mere recovery is not sufficient to fasten any criminal liability on the accused...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Shadow witness stated that he did not witness the giving of bribe by complainant and acceptance thereof by accused - Self serving statement of complainant is not at all sufficient to fasten any criminal liability on the accused - Held, for want of sufficient..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused not apprehended while accepting bribe - Matter was reported to police after more than a month of acceptance of the alleged bribe money - Delay gains significance - Delay not explained - Held, delay is fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 173(5) -- Supply of copy of complaint which was moved by some persons to the Anti Corruption Bureau - Thereafter independent investigation was conducted and on that basis challan was filed - In the final report complaint was never forwarded - No reliance placed on the complaint - Not a document which support the case of accused -..........
