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Bombay High Court Acquits Accused in Corruption Case Due to Misapplication of Section 8 of Prevention of Corruption Act, 1988 — Charge Framed Under Wrong Provision Invalidates Conviction

The appellant, a Junior Clerk in a Sessions Court, was convicted under Section 8 of the Prevention of Corruption Act, 1988 for allegedly demanding and...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Sanjay Gopalrao Wangikar, an Extension Officer in the Social Welfare Section of Zilla Parishad, Parbhani, was convicted by the Special ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case — Demand and Acceptance of Bribe Not Proved. Acquittal of Police Head Constable Under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 Upheld Due to Unreliable Trap Witness and Lack of Corroboration.

The State of Maharashtra filed an appeal against the acquittal of Ramesh Tukaram Wagh, a Police Head Constable, in Special Case (PCA) No.4/2012 by the...

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Bombay High Court Acquits Accused in Corruption Case Due to Inconsistent Evidence and Lack of Sanction. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt.

The present appeal was filed by Vinayak Raghunath Wakle, who was convicted by the learned Special Judge, Aurangabad, in Special Case No. 8 of 1998 for...

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Bombay High Court Considers Whether Arrest of Woman Accused at 8:00 p.m. Violates Section 46(4) CrPC Sunset Rule in PNB Fraud Case. Arrest After Sunset Without Prior Judicial Magistrate Permission Allegedly Renders Arrest and Remand Illegal.

The petitioner, an executive assistant to Nirav Modi and authorised signatory of firms involved in an alleged fraud on Punjab National Bank, was arres...

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Bombay High Court Considers Challenge to Sanction Order Under Section 197 CrPC – Petitioner Alleges Improper Review of Earlier Refusal. Alleged Lack of Fresh Material and Improper Reconsideration of Evidence Previously Rejected.

The petitioner, a public servant, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 4th February 2016 p...

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High Court of Bombay at Goa Dismisses Petition Seeking CBI Investigation in Cheating Cases — No Bias or Mala Fides Established Against Investigating Agency. Police Investigation Under Section 173(8) CrPC Can Continue Even After Charge-Sheet, and Victims Have Alternative Remedies Before Magistrate.

The petitioners, eight individuals, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Proof of Demand and Acceptance. Conviction Under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 Set Aside as Prosecution Failed to Prove Demand and Acceptance Beyond Reasonable Doubt.

The appellant, Purushottam Raghunath Kulkarni, was convicted by the Special Judge, Solapur, for offences under Sections 7 and 13(2) read with 13(1)(d)...

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Bombay High Court Acquits Police Sub-Inspector and Private Individual in Corruption Case Due to Unreliable Trap Witness. Conviction under Prevention of Corruption Act, 1988 set aside as sole trap witness was a stock witness and evidence lacked corroboration.

The appellants, Jawansingh Ramsingh Gaud (a Sub-Inspector of Police) and Umesh Manohar Ambre (a private individual), were convicted by the Special Jud...