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Judgement |
| PREVENTION OF CORRUPTION ACT, 1988 |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act— Sections 7, 13 [1][d] r/w 13[2] — Decoy trap — Giving prize to raiding party —Tradition of —Held, there is a reason to believe that they are interested in arranging such trap —and to trap someone irrespective of factual details — that whether there was actual demand of bribe by concerned person or not. (Para 4) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — Ss 7, 13 [1][d] r/w13[2] — Offence under — Essential ingredients — [i] Prior demand of bribe amount by the accused— [ii] there must be demand and acceptance at the time of raid — [iii] there must be passing off tainted currency notes just before the trap/ raid and — [iv] there must be acceptance and thereby possession of tainted currency notes by the accused. (Para 4) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
PC Act — Ss 7, 13 [1][d] r/w13[2] — Offence under — Prior demand — Absence of — Held, when there is no scope of prior demand— there must be cogent and reliable evidence to prove rest of the issues. (Para 4) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
Criminal Jurisprudence — Prevention of Corruption Act — 7, 13 [1][d] r/w13[2] — Tainted money — Possession of — Held, only because of presence of tainted currency notes and even if possession of such tainted currency notes is with the accused— it cannot be said that he has asked for any bribe or accepted the same—Acquittal. (Para 11) |
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| PREVENTION OF CORRUPTION ACT, 1988 |
Criminal Jurisprudence — Prevention of Corruption Act — 7, 13 [1][d] r/w13[2] — Demand, Acceptance & Recovery — Held, mere acceptance of any amount alone by way of illegal gratification or recovery thereof without the proof of demand —would not ipso facto be sufficient to bring home the charge — Admission and acceptance of bribe — is sine qua non for constituting offence under the PC Act. (Para 14) |
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