RAMESH BALKRISHNA KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by Certificate Under Art. 134 of the Constitution of India arises out of a judgment dated 3/6-9-76 of the Bombay High Court affirming the conviction and sentence of the appellant imposed by the trial Court

(2.) The short point on which certificate was granted and the case has been argued by both the parties falls within a very narrow compass. The appellant, who was a Municipal Councillor, was prosecuted under Section 161 of the Indian Penal Code and S. 5(1)(d) read with S. 5(2) of the Prevention of Corruption Act (hereinafter referred to as the 'Act'). The High Court, after holding that sanction by the competent authority to prosecute the appellant was valid, confirmed his conviction and sentence. Hence, this appeal.

(3.) The counsel for the appellant argued that as a Municipal Councillor was not a 'public servant' within the meaning of S. 21 of the IPC, he could not be prosecuted under the Act even if sanction for his prosecution was obtained. The High Court, however, negatived this contention and held that a Municipal Councillor was undoubtedly a 'public servant' and affirmed the conviction of the appellant.