STATE OF MAHARASHTRA Vs. NARHAR RAO

JUDGEMENT

(1.) This appeal is brought, by special leave, from the judgment of the High Court of Bombay, Nagpur Bench dated November 11, 1963 in Criminal Appeal No. 153 of 1963.

(2.) The respondent Narharrao, a police Head Constable was attached to the Murtizapur Police Station in September, 1962. He was investigating offences under Ss. 110, 102 and 117 of the Bombay Police Act against two persons, viz., Onkar and Harihar. It is alleged that Onkar and Harihar approached Narharrao for showing them some favour. The latter demanded Rs. 25 as a bribe for weakening the prosecution case which was to be launched against Onkar and Harhar. The respondent accepted Rs. 5 on or about October 14, 1962 and Rs. 10 on or about October 19, 1962 as illegal gratification. The respondent was tried in the Court of the Special Judge, Akola for accepting bribe under S. 161 Indian Penal Code or alternatively for committing criminal misconduct in the discharge of his duties which is punishable under S. 5 (2) read with S. 5 (1) (b) of the Prevention of Corruption Act, By his judgment dated June 25, 1963 the Special Judge held the respondent guilty of both the offences and sentenced him to rigorous imprisonment for one year and also to pay a fine of Rs. 200 or in default to a rigorous imprisonment for a further period of 3 months. The respondent filed and appeal in the High Court, being Criminal Appeal No. 153 of 1963. The High Court allowed the appeal on the ground that S. 161 (1) of the Bombay Police Act was a bar to the prosecution of the respondent. The High Court did not discuss in detail the question as to whether there was sufficient evidence to support the conviction of the respondent. The High Court did not discuss in detail the question as to whether the prosecution could be launched more than six months after the date of the alleged offence, as required under S. 161 (1) of the Bombay Police Act.

(3.) The question of law presented for determination in this appeal is whether the alleged act of offence was committed by the respondent "under colour or in excess of any such duty or authority as aforesaid" within the meaning of S. 161 (1) of the Bombay Police Act (Bombay Act XXII of 1951). Section 159 of this Act provides as follows: