THANGARAJ Vs. STATE

JUDGEMENT

(1.) THE appeal is by the accused who has been convicted under Sec.161 of the Indian Penal Code and Sec.5(1)(d) read with Sec.5(2) of the Prevention of Corruption Act under Sec.161, I.P.C. he has been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.250 in default to undergo simple imprisonment for two months. Separate sentence has not been imposed under Secs.5(1)(d) and 5(2) of the Prevention of Corruption Act.

(2.) THE case of the prosecution is that the accused was an Assistant in the office the Regional Transport Officer, Ramanathapuram. According to the prosecution the driving licence of P.W.3 Jalaluddin was lost. THErefore he wanted a duplicate licence. For this he made an application through his brother P.W.1 Jamaluddin. That application is Ex.P-1 and that has been signed by P.W.1. THE application was given to the accused on 3.7.1985. According to the prosecution the accused told P.W.1 that necessary particulars will be furnished only if P.W.1 would pay a sum of Rs.150 P.W.1 pleaded that he was not able to pay the amount, and that amount was reduced to Rs.100. THEn it was agreed that P.W.1 would pay the amount next day.

(3.) IT appears from the records that this point has not been argued before the lower court and it is for the first time it is argued now here. On perusal of the entire records it is found that throughout it is the case of the prosecution that the demand was on 3.7.1985 and the amount was received on 4.7.1985, and it appears quite clear that it is a mistake that the court has committed in framing the charge as it now reads. The learned Public Prosecutor while answering this argument would point out that under Sec.464, Crl.P.C. on account of any error committed by the lower court in the charge, unless because of that the accused has been put to serious prejudice and it has occasioned a failure of justice, the conviction and sentence of the lower court shall not be interfered with. In view of this Sec.464, I do not think that the conviction and sentence passed by the lower court can be set aside.