Prevention of Corruption Act, 1988, Section 7, 20 -- Illegal gratification - Demand of illegal gratification is sine qua non to constitute offence u/s 7 of the Act - In absence of such a demand presumption u/s 20 of the Act cannot be made against accused...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2) -- Illegal gratification - Mere possession and recovery of an amount of money is not sufficient ground to proceed against accused unless it has been proved beyond doubt that accused voluntarily accepted the money knowing it to be a bribe...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2) -- Illegal gratification - Demand and acceptance - All PWs turned hostile - Superstructure upon which presumption u/s 20 of the Act has been drawn against accused by Court below is without any sufficient foundation - Since, it has neither been proved that a demand of illegal gratification was made by accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conversion of fine into compensation - Magistrate has not convicted accused for any sentence - Conversion of fine into compensation u/s 357(3) Cr.P.C thus, illegal, because provision of S.357(3) Cr.P.C will come into force only when Court imposes a sentence of..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Accused being Medical Officer demanded bribe regarding payment of arrears of salary cheque to complainant - However, no cheque is to be signed by accused, question of demand or accepting bribe amount does not arise - Nothing to show that any delay is caused by accused to issue cheque..........
Prevention of Corruption Act, 1988, Section 7, Evidence Act, 1872, Section 24 -- Illegal gratification - Extra judicial confession - Evidence of PW1, PW2 and PW3 shows that confessional statement made by Officer did not appear to be voluntary, as they were already aware about the racket of touts in recruitment scam - PWs admitted that officer was part of team - No material..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing offence u/s 7 of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant/PW1 is the only witness to alleged demand and acceptance - He did not state that accused reiterated her demand at the time of trap - His version is that on his own, he told her that he had brought the amount - In cross examination PW1 accepted that..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Accused being Assistant Jailer used to accept illegal gratification from family members of prisoners and if any family member of prisoner refused to pay the bribe, he used to treat them rudely - Call data record and conversion made between accused and other accused persons clearly..........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of Government - FIR has been registered for separate incriminating acts which are not directly relatable to recommendations made or decisions taken by petitioner public servant in discharge of his official functions or duties and rather pertain to illegal transactions of demand and acceptance..........
