SUBRAMANYA Vs. STATE

JUDGEMENT

(1.) The appellant K.S.Subramanya has been convicted by the Special Judge, Bangalore, in CC.7 of 1972 for having committed the offence specified in S.5(1) (a) punishable under S.5(2) of the Prevention of Corruption Act, 1947 (to be hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000 and in default to undergo further rigorous imprisonment for six months. He has, in this appeal, challenged the conviction and sentence.

(2.) The appellant was. during the peried between Novr 1968 and 17-11-70, working as senior clerk in the purchase department of the Indian Telephone Industries Ltd, Bangalore, (to be hereinafter referred to as the Company). As Senior clerk he was, it is said and that is not in dispute, required to do the following duties:

(3.) The prosecution case is that the Central Gcvt holds about 90 per cent shares and the Karnataka Govt holds about 7 to per cent shares in the Company. Therefore, the Company in question is a Company falling within the definition of S.617 of the Companies Act, 1956, and as such its servants are public servants within the meaning of S.21 IPC. The accused was staying with his wife Smt. K.L.Subbalakshmi in house No.54/1, Nagasandra Road, Basavangudi, Bangalore-4. The accused secured telephone connection and got a telephone installed, the telephone number being 4751. This was done on 31-3-1970. The accused got either himself or his wife Smt. Subbalakshmi appointed as representative of the four firms mentioned in the charge and drew remuneration, as a reward or motive, mainly in older to show favour to the said firms in his official capacity and in the dealings of the firms with the Company and he, therefore, committed the offence in question.