Bribe case
Lokesh
(Querist) 14 December 2010
This query is : Resolved
My brother is working as a Govt Employee. He was posted at a public dealing place last year. One person came and put Rs. 1500/- in his pocket secretly for taking revenge. He had informed the Anti corruption department before this act. The officers of Anti Corruption Department recovered the said money from his pocket and lodged a case of bribe against him. He was not trapped red handed as no colour was shown during washing of his hands by Anti Corruption team. The report of laboratory reveled of containing the phenolphthalein powder in the water of hand wash. The Eye Witness stated that the money had been recovered from his pocket but no statement for accepting the bribe.The report reveals that the bribe has been accepted by right hand and kept in left pocket of trouser by left hand. In this regard, please suggest your valuable advise to defend the case.
adv. rajeev ( rajoo )
(Expert) 14 December 2010
It is very difficult to advise on the very brief fact. It requires to go thru., the panchanama and complaint and seizure panchanama.
Advocate. Arunagiri
(Expert) 14 December 2010
Mere recovery of money is not an offense. There should be demand and acceptance of bribe. Then only the case under the PC act is maintainable.
Sri Vijayan.A
(Expert) 15 December 2010
1. The prosecution has to get sanction from the authority of your department to process the case.
2. The demand has to be proved by the prosecution.
3. How the money goes to the pocket of the accused is a very big question, that too without his knowledge?
4. The points against the accused and those in favour of accused are to be listed seperately.
Then each points have to be discussed in detail which require more work and further details.
If u r in chennai, send me more details.
Ahmed Daud Girach
(Expert) 15 December 2010
1.Sanction should be by Appointing Authority only not officer lower than that,and should sign sanction after reading and undersatanding the content not sign blindly and there should be no printed proforms.In creoss exam of Authority this all should be confirmed.In one of my case appointing authroity of lineman(class-III)was Superintending Engineer while sanction was given by Executive Engineer.On this ground of defective sanction accused was discharged.
2.See the complainant whether he is a genuing complainant or is in habit of doing such types of complaints in all other Govt.departments.
3.Whether trap was authorised?correct in all sence.Who has investigated the case ?whether he is authorised?I mean to say is like atrocity case the DSP only is empowered to investigate we see gazette and see whether particular DSP is authorised if no or if his name does not appear in gazette for particular area that becomes a good technical defence.Similarly see the whole trap process whether is it as per rule?
4.When witness say there is no demand and no red color ,good but what about FSL report?How color appeared in report?Suggestion may be given in FS that at the time of taking out money from my pocket color may have been there.I have not demanded money.
I appreciate reply of Hon.Vijayan A.
