BHAJAHARI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal by leave of the High Court of Calcutta against the judgment and order of that Court dismissing the appellant's appeal against the order of conviction by the Special Court of Burdwan for an offence under S. 165-A, Indian Penal Code and six months' rigorous imprisonment.

(2.) The facts leading to this appeal are that one Istipada Ghosh and his son were being tried in the court of an Assistant Sessions Judge, Burdwan with a jury of five. During the course of the trial the appellant approached one of the jurors Baidya Nath Mukherjee and offered him illegal gratification as an inducement for giving a verdict favourable to Ghoshes. On the morning of September 6, 1952 the juror narrated these facts to the police and thereupon the officer in charge sent a Sub-Inspector to arrest the appellant if he offered the bribe. After a little while the appellant came to the appointed place and offered Rs. 40 in four 10 rupee notes to the juror and while he was trying to pass those notes to the juror the Police Officer arrested the appellant. The First Information Report for an offence under Ss. 161/l16, Indian Penal Code was made soon after. And after investigation a report was made by the police officer in charge Burdwan police station which resulted in the case being sent to the Special Judge, Burdwan. On November 27, 1952 the Government issued the following notification No. 6603J under S. 4 (2) of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 (W. B. XXI of 1949) :

(3.) The order sheet of the Special Court shows that the records of the case State v.B. C. Mondal under Ss.161/l16, Indian Penal Code were received by the Special Judge on December 23, 1952 and the Special Court took cognizance of case, the appellant was summoned for appearance on January 22, 1953 and he did appear on that day. On December 21, 1953 after several adjournments the hearing of the case was fixed for January 29, 1954 on which date the examination of witnesses commenced. On February 10, 1954 a charge under S. 165A, Indian Penal Code was framed by the Special Judge. The trial ended on June 7, 1954 and the appellant was convicted under Section 165-A of the Indian Penal Code and sentenced to six months' rigorous imprisonment Against this order of conviction the appellant took an appeal to the High Court of Calcutta which was dismissed. It held that the appellant had rightly been convicted under S. 165-A and that the Special Court had jurisdiction to try the offence under that Section from July 28, 1952 to May 9, l953 under S. 7 of the Central Act (XLVI of l952) and from May 9, 1953 under the West Bengal Act (W. B. XV of 1953). It also held that any defect in the taking of cognizance was curable under S. 529 (e) of the Criminal Procedure Code and that as a matter of fact the Special Judge took cognizance under S. 165-A and not under Ss. 161/116, Indian Penal Code. On December 16, 1955 the High Court granted leave to appeal to this Court.