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1 - 9 of 9 (0.27 seconds)Bhisham Kumar vs State on 8 January, 1999
27. The Hon'ble Delhi High Court in the case of Bhisham Kumar Vs.
State 1999 (iii) AD (Delhi) 177, has also applied the test as prescribed in the
enunciation of the Hon'ble Supreme Court in the case of Mohd. Iqbal
Ahmed Vs. State of Andhra Pradesh 1979 Chandigarh Criminal Cases 113
(SC) and the view taken by the Supreme Court in Mansukhlal Vithaldas
Chauhan Vs. State of Gujarat (1997) 7 SCC 622.
Mohd. Iqbal, Ahmad vs State Of Andhra Pradesh on 18 January, 1979
27. The Hon'ble Delhi High Court in the case of Bhisham Kumar Vs.
State 1999 (iii) AD (Delhi) 177, has also applied the test as prescribed in the
enunciation of the Hon'ble Supreme Court in the case of Mohd. Iqbal
Ahmed Vs. State of Andhra Pradesh 1979 Chandigarh Criminal Cases 113
(SC) and the view taken by the Supreme Court in Mansukhlal Vithaldas
Chauhan Vs. State of Gujarat (1997) 7 SCC 622.
Mansukhlal Vithaldas Chauhan vs State Of Gujarat on 3 September, 1997
27. The Hon'ble Delhi High Court in the case of Bhisham Kumar Vs.
State 1999 (iii) AD (Delhi) 177, has also applied the test as prescribed in the
enunciation of the Hon'ble Supreme Court in the case of Mohd. Iqbal
Ahmed Vs. State of Andhra Pradesh 1979 Chandigarh Criminal Cases 113
(SC) and the view taken by the Supreme Court in Mansukhlal Vithaldas
Chauhan Vs. State of Gujarat (1997) 7 SCC 622.
Tej Bahadur Singh vs State Of U.P. on 8 December, 1989
42. Both the witnesses PW6 and PW7 viz. the complainant and the
panch witness have narrated the entire incident in conformity with each other
and precisely the same version have been narrated. It is not the testimony
alone which inculpates the accused of the dereliction but as to what the
accused could elicit from the witnesses. The testimonies of PW6 and PW7
are verbatim what the prosecution would have the witnesses to testify to
fasten the culpability on the accused but duty of the Court does not lie in
seeking to fasten the culpability but to determine whether the accused had
committed the offence or not. The said fact can be illustrated through the
crossexamination of the complainant PW6 who has testified that when he
had handed over the documents, no one was present. The "lifeless
testimony" cannot be said to inculpate the accused as has been held by
State V/s Dau Dayal Page No. 18/24
Hon'ble Supreme Court in Tej Bahadur Singh Vs. State of U. P. AIR 1990,
SC 431:
V. Venkata Subbarao vs State Represented By Inspector Of ... on 12 December, 2006
43. However, the visit to the office of NRDC by the complainant
also does not find any record even though the entry to the office of NRDC is
restricted and the entrance registered. The case of the accused is that the
complainant is a person who had fore knowledge of the procedure of the
corruption cases in as much as he had been complainant in another case viz.
64/97 which had been decided against the accused therein. It has been
suggested that the complainant was professional in this regard and would
extort money once the accused was apprehended under the said Act. That is
to say the demand has to be proven as in V. Venkata Subbarao Vs. State,
AIR 2007 Supreme Court 489, it has been specifically held by the Hon'ble
Supreme Court that:
State (Delhi Administration) vs Puran Mal on 26 March, 1985
47. As regards the testimony of panch witness is concerned, he has
admitted in the cross examination that he was not aware as to for what
purpose the money was demanded and as such the testimony that the money
was demanded for attestation stands falsified as held in State (Delhi
Administration) Vs. Suraj Mal, AIR 1979, SC 1408
"Mere recovery of tinted money divorced from the
circumstances under which it is paid is not sufficient to
convict the accused when the substantive evidence in the
case is not reliable. The mere recovery by itself cannot
prove the charge of the prosecution against the accused,
in the absence of any evidence to prove payment of bribe
or to show that the accused voluntarily accepted the
money knowing it to bribe."
Vishan Singh @ Vishnu Prajapati vs State Of U.P on 31 August, 2010
23. Sanction U/s 19 of POC Act is not an idle formality, but it is a
sacrosanct act as the future and career of a Government official is involved.
Hon'ble Supreme Court in Ram Kishan Prajapati Vs. State of U.P., (2000)
10 SCC43 has stressed that the person according sanction should be a
competent person and a sanction accorded by the person not competent
to grant the same cannot be held to be a valid sanction. This fact has not
been challenged by the accused.
Section 13 in The Prevention of Corruption Act, 1988 [Entire Act]
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