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Decided on : 06-12-2019 Preliminary Inquiry Not Mandatory In All Corruption Cases
Bysclaw
Dec 8, 2019
By sclaw
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Prevention of Corruption Act, 1988 — Section 7 — Demand and acceptance of bribe — Complainant’s testimony regarding demand by accused (A2) on a specific date was clear and corroborated by other witnesses — Pre-trap proceedings were also established — Recovery of marked notes from A2’s person and hand wash turning pink confirmed the trap — Despite inconsistencies in complainant’s testimony regarding earlier demands, the demand on the crucial date was credible — Independent witnesses corroborated the trap, with one identifying A2 and the other recovering the bribe money — Acquittal of A2 set aside, conviction under Section 7 of PC Act restored with modified sentence and fine.
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Prevention of Corruption Act, 1988 (PC Act) — Sections 7 and 13(2) — Appeal against conviction and sentence — Supreme Court upheld the concurrent findings of the Trial Court and High Court regarding the guilt of the appellant based on ocular evidence and corroboration from independent witnesses — No error found in appreciating the evidence or in rejecting the defence submissions regarding motive, contradictions, and the trustworthiness of witnesses — Appeal dismissed concerning conviction.
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Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Sections 2(y), 2(ze) — Appointment under reserved quota — Management Trainee recruitment by Coal India Limited (CIL) — Denial of appointment based on initial finding of unfitness and recruitment process expiry — Appellant suffering from disability above the benchmark (57%) based on subsequent AIIMS medical report — Expiry of recruitment panel cannot nullify appellant’s right to employment when initial denial was wrongful and due to the employer’s failure to account for “multiple disability” in the notification — Held, appellant is eligible for appointment; appropriate relief moulded using extraordinary powers. (Paras 1, 2, 3, 7, 8, 9, 23, 29, 30, 31, 37)
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