VIGILANCE MANUAL VOLUME III - AP Online

152 DECISION -
assets, on acquittal in court prosecution and dropping of
disciplinary proceedings, taking action on charges of contravention
of Conduct Rules, is in order.
16. Typical cases of successful prosecution are identified
for study of appreciation of evidence in cases of disproportionate
assets. Decisions are dealt with for a comparative study of the offence
of bribery under sec. 7 of the P.C. Act, 1988 on the one hand and the
offence of obtaining of a valuable thing under sec.11 on the other.
The Supreme Court held that sec. 11 is wider in ambit than sec. 7
and that the element of motive or reward is relevant under the former
but immaterial in the latter section. The offence of obtaining pecuniary
advantage for others by public servants under sec.13(1)(d) of the
P.C. Act, 1988 is projected for special attention considering its
untapped potential in the drive against corruption. The High Court of
Madras held that it is not necessary that the public servant must
receive the pecuniary advantage from a third party and pass it on to
the other person for his benefit. The Supreme Court held that the
offences of misappropriation under sec. 13(1)(c) P.C. Act 1988 and
under sec. 409 I.P.C. are not identical.
17. Decisions are dealt with on the vexed question of
requirement or non-requirement, as the case may be, of sanction of
prosecution of public servants under sec. 19 of the Prevention of
Corruption Act, 1988 and under sec. 197 Criminal Procedure Code.
The Supreme Court deprecated the practice of Courts and Tribunals
issuing interim orders and held that appellate court has no jurisdiction
to give direction that conviction and sentence awarded will not affect
service career of the accused. The Digest also deals with decisions
of the Supreme Court that High Court cannot suspend conviction and
that there can be no stay of trial of offences under the Prevention of
Corruption Act. The Supreme Court held that witnesses shall be crossexamined
immediately after examination and not all at one time, that
no person who is not an accused can straight away go to a magistrate
and require him to record a statement which he proposes to make and