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KULDEEP MATHUR
Mohammed Ashik – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - By way of filing the present misc. petition under Section 482 Cr.P.C., the petitioner has prayed for the following relief:-
2. Briefly stated the facts of the case are that an FIR No. 252/2015 dated 14.09.2015 came to be lodged by one Vinod Kumar Kumawat at Police Chowki A.C.B (Special Unit), Police Station C.P.S., A.C.B., Jaipur alleging inter-alia that he had completed some work relating to installation of high mast lights at various locations in Bikaner city, pursuant to the work order issued by the UIT, Bikaner. In the FIR, it was further alleged that one Lal Chand Soni who was working as an Accountant in UIT, Bikaner had demanded a commission of 4% of the total bill amount as bribe, in order to clear his pending bills.
3. The petitioner-Mohammed Ashik is a private person to whom on being asked by Shri. Lal Chand Soni, the bri
A private individual cannot be charged under the Prevention of Corruption Act for bribery or conspiracy if the co-accused has been discharged, as no evidence remains against them.
Charges under the Prevention of Corruption Act require a pending official duty and a clear demand for gratification, which were not present in this case.
A private individual cannot be prosecuted under Section 7A of the Prevention of Corruption Act without the involvement of a public servant as a co-accused.
The necessity of proving both demand and acceptance of bribe to establish charges under the Prevention of Corruption Act was emphasized.
The prosecution must prove demand and acceptance of bribes beyond reasonable doubt, which was not established in this case.
The necessity of proving demand for illegal gratification and mutual agreement in conspiracy is essential for framing charges under the relevant provisions.
The court established that evidence of demand and acceptance of bribe is essential for conviction under the Prevention of Corruption Act.
Without statutory clearance from the Central Government, permission was accorded to transport the same. When such being the case, the factual aspects of the disputed question and defences which have ....
The offense of bribery under Section 7 of the Prevention of Corruption Act is established through demand and acceptance, regardless of whether the work is completed or the interest of the bribe giver....
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