Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Demand and recovery - Law as to : (i) Demand before trap has to be proved; (ii) Demand at the time when trap was laid has again to be proved; (iii) Thereafter the question of acceptance and recovery of bribe money also is required to be proved beyond reasonable doubt...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Legal position in a trap case summarized viz. (i) To succeed in such a case, the prosecution is obliged to prove the previous demand of bribe, its acceptance and the recovery of tainted money; (ii) The demand can be proved by the testimony of the complainant as well from the complaint made by him..........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2) -- Illegal gratification - Appeal against conviction - Accused person allegedly received Rs.100 as bribe to install electric pump on site - However, accused pleaded that he had received Rs.100 in lieu of clothes lost by complainant in his tailoring shop - No receipt or chit shown by appellant to prove that his wife..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Acquittal by trial Court - Conviction by High Court - Recovery proved - Burden of rebuttal shifted upon accused who failed to rebut the same - Plea that it was not bribe but it was repayment of loan - Number of notes matched with the numbers noted in the ACB - Bushirt washed in..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B -- Mere recovery of tainted money 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 accused voluntarily accepted the money knowing it to be bribe...........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Illegal gratification - Demand of bribe - Tainted currency notes recovered on raid - Complainant and shadow witness supported prosecution - IO not examined - Other PW's reviled - Accused convicted as there was no reason for complainant and shadow witness to falsely implicate the accused...........
Prevention of Corruption Act, 1988, Section 13(2), 7, Evidence Act, 1872, Section 3 -- Demand of bribe - Recovery on raid in presence of Sarpanch - Sarpanch not appeared as PW but appeared as defence witness - Sarpanch deposing that no demand was made in his presence - Complainant and shadow witness supported prosecution - Testimony of Sarpanch ignored and office bearers..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d),, 20, Evidence Act, 1872, Section 4, 101, 102, 103, 104, Criminal Procedure Code, 1973, Section 313 -- Illegal gratification - Evidence of witnesses corroborated by recovery of tainted money from accused - Phenolphthalein test proved positive - Variance between explanation given by accused to I.O. and that given u/s..........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Reduction in sentence - Illegal gratification - Patwari accepting Rs.1000/- as bribe - Conviction and sentenced to 5 years RI and to pay fine of Rs.1, 000/- - Accused undergone physical and mental agony for 11 years - Sentence reduced to one and half years...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Patwari taking bribe at Patwar Khana - When Patwar Khana is a fixed place and every one knows this fact then identification of place of occurrence is not required...........