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Judgement |
| PREVENTION OF CORRUPTION ACT, 1988 |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — S 13(2) r/w 13(1)(d) — Conviction under —Issuance of stage certificate by the accused as Assistant Engineer of PWD — Work under Jawahar Rozgar Yojana — Admission by PW — there is a provision to give advance amount of 50% of work — Prior to the writing of the alleged letter, three payments had already been released — It means work had already started — Once the work is started, Panchayat was empowered to release advance to the extent of 50% even without stage certificate — The alleged letter never stated 25% work had already been 'completed' — It only mentioned “valuation cost” — Held, it was equally wrong in terming it as the stage certificate — there is no causal connection between release of payment and the letter alleged as stage certificate — Appeal allowed —Acquittal. (Para 14, 15 & 16) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — S 13(1)(d) —Necessary ingredients —required to be proved — (1) The public servant has abused his position—(2) By abusing that position, he has obtained for himself or for any other person any valuable thing or pecuniary advantage—Burden of proof — It is the obligation of the prosecution to satisfy the aforesaid mandatory ingredients. (Para 17) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — S 13(1)(d) —Not the case of prosecution —that appellant had taken alleged money from some person and had obtained any pecuniary advantage thereby — offence u/s 13(1)(d)(ii) not made out. (Para 18) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — S 13(1)(d)(ii) — Misusing the official position — Obtaining pecuniary advantage —by issuing certificate — Allegation of— Not alleged in the chargesheet —no evidence led as to what kind of pecuniary advantage was obtained by issuing the said letter—Acquittal. (Para 18) |
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