SHAMBHU NATH MEHRA Vs. STATE OF AJMER

JUDGEMENT

(1.) The Appellant, S. N. Mehar a Camp Clerk in the office of the Divisional Engineer Telegraphs, Ajmer, has been convicted of offences under S. 420, Indian Penal Code and S. 5(2), Prevention of Corruption Act, 1947 (Act 2 of 1947). He was sentenced to two years' rigorous imprisonment and to fine of Rs. 100 on each count. The substantive sentences are concurrent.

(2.) The substance of the offences for which he was convicted lay in obtaining sums to talling Rs. 23-12-0 from Government as T. A. for two journeys, one from Ajmer to Abu Road and the other from Ajmer to Reengus. The money represents the second class railway fare for these journeys. The allegation against him is that either he did not travel at all between those places on the relevant dates, or if he did, that he did not pay the fare.

(3.) He appealed to the Sessions Judge at Ajmer and was acquitted. The State filed an appeal against the acquittal to the judicial Commissioner of Ajmer. The learned Judicial Commissioner accepted the appeal and remanded the case for retrial before a Special Judge because, reason of certain amendments in the law, only a Special Judge could try an offence under Section 5(2) of the Prevention of Corruption Act at the date of the remand.