CiteTEXT
...; a) In view of applicants honorable acquittal in trap case in Criminal Appeal No.900/2014 decided on 8.4.2019 Anneuxre- A1, this Honble Tribunal may be pleased to h...acquittal of the employee during the pendency of the proceedings challenging the dismissal, the same requires to be taken note of and the decision in Paul Anthony's case ( (1999) 3 SCC...is having a distinguishable feature. In the present case, the employee has been acquitted by giving him the benefit of doubt and in Tank's case it was a case of honourable acquittal...
...petitioner was suspended from the service on 24.02.2000 since he was arrested in a trap case by the Vigilance and Anti Corruption, thereafter, on 30.11.2005, the petitioner attained the age of superannuation and suspended f...trap case and he was allowed to retire from the service...
W.P.No.18970 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2023
CORAM...
...out against the petitioner herein as he gave different versions which ultimately resulted in the acquittal of the accused in that trap case. So he was convicted Under Section 193 IPC and sentenced to...Under Section 164 Cr.P.C. before the XVI Metropolitan Magistrate which is marked as Ex.P-1. During the trial of that case in CC.9/ 87 filed against the Sanitary Inspector, the...Section 193 IPC. Since he gave a go-bye to the complaint that has been given by him, the learned Special Judge gave acquittal to the person concerned. The two lower courts found that a case has been made...
...the last point first, namely, the acquittal of the respondent in the criminal case, suffice it to say that the criminal proceedings related to a trap case and not at all in relation to the charges...criminal case of a trap laid against him but he was acquitted of the charges. We may however clarify here that the charges in the criminal case have no connection or bearing so far as the departmental...observation, in regard to the acquittal of the respondent in the criminal case has been made, as follows:“It is true that judgment of the criminal case is not binding on...
...Trap Case (Criminal Case) No.4 of 2011, contrary to the provisions of A.P. Revised Pension Rules, and wholly arbitrary, illegal, without jurisdiction and in violation of Article...and other retirement benefits w.e.f. the date of his retirement i.e. from 30-9-2020, on mere pendency of Criminal Appeal No.851 of 2013, against his acquittal orders in ACB...retired from service pending disciplinary action. Relevant extract is as detailed below:
"In case of Government Employee against whom the departmental...
...or acceptance on the part of the appellant/A.O.1, he is entitled for acquittal. More particularly, in a trap case, the prosecution has to prove demand as well as acceptance. As seen from the record...acquittal.
11. So far as A.O.2, is concerned, in Ex.P8-Post-trap proceedings, the explanation recorded from A.O.2, was that he asked P.W.1 whether he brought the bribe amount...same to P.W.7 on 24.06.1998 at 7.00 am., Having received the same, P.W.7 registered a case In Cr.No.14/ACB- VJA/1998, under Section 7 of the Act. Ex.P13 is the original FIR...
...the appeal.4. The appeal has been filed against the judgment and order of acquittal dated 25.02.2019 passed by the Special judge, Vigilance (Trap), Patna in Special Case No. 52 of 2014...the same. In the present case, when no such document was ever produced before the Court, the doubt with regard to the constitution of a trap team and action of the members who had conducted the...compliance with the procedure prescribed also are to be applied equally strictly while considering such cases. In the present case, the allegation of the opposite party having accepted a bribe, obviously...
...judicial proceeding. Merely because in the disciplinary enquiry, the delinquent was found not guilty, it cannot mean that he would be entitled to an automatic acquittal in the criminal case. ...the respondent/writ petitioner could come clean even in the disciplinary proceeding, he is bound to get acquittal in the criminal case. Therefore there is no justification in...dropped vide G.O.(D)No.325, Animal Husbandry and Fisheries Department, dated 07.12.2009. But, in view of the pendency of the criminal case, the benefits payable to the respondent were still withheld...
...materials, however, still case results into acquittal due to evidence given by the witnesses. De-facto Complainant and the trap panch are the important witnesses.
3. In...this case, the investigating officer has taken precaution in recording the conversation through tape recorder in between the de- facto Complainant and the Respondent. This was recorded on the date of....
4. One more reason for acquittal is the panch witness, who was supposed to accompany the de-facto complainant at the time of the trap. Conveniently, he has deposed "he has not entered...
...this Court.7. The petitioner was accused in a corruption case. It was a trap case. Though he was acquitted, it is not a honourary acquittal. In the judgment in Special Cal...dated 18.11.2004 and PR No. 26 of 2005 dated 18.11.2005 and that the criminal case in C.C No. 30 of 2003 is also pending trial before the Chief Judicial Magistrate-cum-Special Judge, Salem...departmental proceedings and the criminal case before the Chief Judicial Magistrate-cum-Special Judge, Salem.2.5 The criminal case that was filed against the petitioner in C.C No. 30 of...
...
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to the conclusion that there was no demand or acceptance of money at the time of trap. In the circumstance, he submits that in ..., 1988, the present appeal is
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preferred by the State.
3. The prosecution case, in..., Shivram has clearly deposed that since in the canteen a radio was put on in full volume, he was not able to listen the talk between the complainant and respondent-accused. The prosecution case is that, in...
...the trap in this Crl.A. No. 2012 of 2006 10 case arranged by the VACB is also very suspicious. He also submitted that on the ground that the prosecution sanction in this case is not proved, the appellant i...independent evidence. In view of such suspicious factors, the trap arranged in this case by PW11 is also found not legitimate. I find that the accused is entitled for an acquittal on the benefit of doubt. ...pleading for an acquittal on merits, the learned counsel for the appellant also submitted that the prosecution sanction in this case stands not proved according to law, and so, the whole prosecution is...
...the judgement and order of acquittal 16.12.2016 passed by learned Special Judge, Vigilance (Trap Case), Patna in Special Case No. 49 of 2007 arising out of Vigilance P.S. Case No. 78 of 2007...wrong in recording the finding of acquittal as the case stood proved with respect to the demand of bribe money for issuing possession certificate by the respondent. It matters not if the respondent had...satisfaction, a trap was led. A pre-trap memorandum was prepared. At the time of laying of trap, the tainted notes were found strewn over the floor of residence of the respondent. A case, therefore...
...Corruption Act, Chennai.
9. On perusal of the records, it is seen that it is a trap case which ended in acquittal after an exhaustive trial before the Special Court...petitioner has been facing a criminal case in C.C.No.127 of 2011 before the Special Court for cases under Prevention of Corruption Act, Chennai. After the conclusion of the trial, the petitioner got...petitioner has been removed from service in view of his subsequent involvement in yet another criminal case in C.C.No.18 of 2014 before the Judicial Magistrate No.I, Sattur, in which, he got convicted...
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08.12.2008 and on the very same facts which had led to the petitioner's acquittal in special case No. 152/2011, the second respondent issued an inspection note on 06.12.2021 and articles...Lokayukta, by S. V. Appannappa Patil in the year 2008. The trap was admittedly laid on 08.12.2008, and a criminal case was registered, in which the petitioner was acquitted on 03.01.2019 as per Annexure...year 2008. The Lokayukta police had taken note of the complaint and had laid a trap on 08.12.2008 and thereafter, only criminal proceedings were initiated, which ended in acquittal on 03.01.2019. No...
...that the Inspector Bahadur Singh had led a trap and in which Ram Kirath Singh the Investigating Officer of the present case was also one of the trap witness. The case resulted in ...Bahadur Singh. Both these witnesses are trap witnesses and their evidence requires closer scrutiny because they are interested in the success of the trap. In a recent case of Ram Babu Sharma v.... State of U. P. , it has been held that the trap witnesses are high interested in the success of the trap. In the case of Peer Bux v. State, P. N. Goel has gone to the extent...
...JUDGMENT1. This appeal against acquittal is by the State in a trap case involving an offence punishable under S. 5(2) read with S. 5(1)(d) of the...met him. He promised to come back with money. Next day he gave information to Pw. 7 in the C.B.I office. Case was registered and trap arranged. Pw. 2 was deputed to go along with Pw. 1 to witness the...((1984) 1 SCC 446 : AIR 1984 SC 63). When in a trap case the judge...
...the said crime and the C.B.I is also incompetent, as the case relating to the murder of Abdul Rashid also ended in acquittal. If the contention of the petitioner is to be accepted, then every police officer/investigating ag.... The petitioner has conveniently omitted to mention the fact that the said case, though conducted by C.B.I, has ended in acquittal even at the trial stage, which was later confirmed by the appellate...investigation, they are not collecting evidence and witnesses to prove the ingredients of the offences and their investigation is faulty leading to acquittal. It is his further allegation that in the past...
...:
"14. In the instant case, therefore, it appears that there is a decoy trap and therefore, the evidence of the complainant should be viewed with extreme care and if it is not supported ...provisions of Prevention of Corruption Act, the matter has been taken up for disposal according to law.
2.2 In order to understand and appreciate the case of the prosecution...- Manjulaben. The Police Officer consulted this person and he was persuaded to give co-operation in a decoy trap, which was going to be arranged by the Police Inspector. The said person - Dalsukhbhai...