| Topics |
Headnote |
Judgement |
| PREVENTION OF CORRUPTION ACT, 1988 |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — Ss 7 & 13(1)(d)(i)& (ii) — Standard of proof — Possession & Recovery — Held, mere possession and recovery of currency notes from an accused without proof of demand would not establish an offence. (Para 14) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — Ss 7 & 13(1)(d)(i)& (ii) — Illegal gratification —Demand —Proof of — absence of — Held, use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing or pecuniary advantage cannot be held to be proved. (Para 14) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — Ss 7 & 13 — Standard of proof — Held, proof of demand is an indispensable essentiality and of permeating mandate. (Para 14) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — S 13(1)(d)(i) & (ii) — Conviction under — Prosecution case neither supported by complainant nor independent witnesses — their oral evidence is also fully getting support from the documentary evidences — Official panch witness — evidence of —nothing to prove demand —on his own will and volition, the complainant, in absence of the appellant accused, placed the money on the table — Evidence of witnesses — the amount in question came to be tendered by the complainant to the appellant towards the price of grass which he purchased in the public auction — Held, the vital ingredients as regards to pre-demand, demand at the time of trap, acceptance and recovery not proved — conviction not sustainable —Acquittal. (Para 16 & 17) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — S 13(1)(d)(i) & (ii) — Evidence Act — S 3 — Relevant fact — Direct & preliminary evidence — as regards to demand & acceptance which used to come from the mouth of the complainant is missing — fatal to prosecution. (Para 16) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — S 20 — Presumption under — Applicability & non-applicability of — Held, the presumption is extendable only to an offence under Section 7 and not to those under Section 13(1)(d)(i) & (ii). (Para 14) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — S 20 — Statuary presumption under — Held, in absence of proof of demand, such legal presumption would also not arise. (Para 14) |
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