INDU BHUSAN CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The High Court of Calcutta certified under Art. 134(1)( c) of the Constitution that the case before us was a fit one for appeal to this Court. The ground for the granting of the certificate, as stated by the High Court, will be considered in due course.

(2.) The appellant was convicted under S. 5(2) of the Prevention of Corruption Act, 1947 (Central Act II of 1947), hereinafter referred to as the Act, and under S. 161 of the Indian Penal Code by a Special Judge who sentenced him under S. 161 to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500 in default to suffer further rigorous imprisonment for one month. No separate sentence was passed under S. 5(2) of the Act. He unsuccessfully appealed to the High Court against his conviction and sentence.

(3.) The charges framed against the appellant under S. 161 of the Indian Penal Code, in sub-stance, stated that on or about 12-5-1952, he had accepted Rs. 100 as illegal gratification from V. S. Doraiswamy as a motive or reward for doing an official act and showing in the exercise of his official functions favour to Doraiswamy in seeing that a speedy and favourable settlement of the claim cases preferred by him against the Bengal Nagpur Railway, subsequently the Eastern Railway. The charge under S. 5(2) of the Act which related to the same transaction stated that the appellant had accepted the aforesaid sum of Rs. 100 by corrupt or illegal means or by otherwise abusing his position as a public servant.