PUBLIC PROSECUTOR Vs. T K VISWANATHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the learned Public Prosecutor against the order of acquittal of the two respondents, by the Special Judge, Madras, in C. C. No. 2 of 1967.

(2.) THE two respondents were tried by the Special Judge, Madras, under fifteen charges, the main charge being conspiracy. They were acquitted of all the charges.

(3.) THE substance of the main charge of conspiracy is that the respondents during the period between April, 1964 and February, 1966 being public servants were parties to a criminal conspiracy at Madras and other places by agreeing to commit or cause to be committed offences punishable Under Section 165 of the Indian Penal Code and Under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 by obtaining large sums of money from firms and persons with whom both of them had official dealings, either without consideration or for considerations which both of them knew to be inadequate and by otherwise abusing their official positions as public servants and which offences were committed (by the first respondent) in pursuance of the said criminal conspiracy and thereby committed an offence punishable Under Section 120. B, I. P. C.