MULSHANKAR MAGANLAL VYAS Vs. GOVERNMENT OF BOMBAY

JUDGEMENT

(1.) THIS is an appeal in which the judgment of the learned Second Additional Sessions Judge, Poona has been challenged. Appelllant 1 has been convicted under a. 168, Penal Code, and Section 6, Sub-section (2), Prevention of Corruption Act (II [2] of 1947) read with Section 5, Sub-section (1), Clause (d) of the said Act. Appellant 2 has been convicted of the abovementioned offences read with Section 109, Penal Code. On the first count appellant 1 has been sentenced to pay a fine of RS. 1,000 or in default to suffer 3 months' simple imprisonment; and on the aecond count he has been sentenced to suffer 1 year's simple imprisonment and to pay a fine of Rs. 2,000 or in default to suffer 1 year's further simple imprisonment. Appellant 2 has been sentenced on the first count to pay a fine of Rs. 200 or in default to suffer 1 month's simple imprisonment; and he has been sentenced on the second count to pay a fine of Rs. 300 or in default to suffer 3 months's simple imprisonment. This is an appeal by the appellants against this order of convictions and sentences. The matter has come up to ua also in review on this Court issuing a notice suo motu to the appellants for the enhancement of the sentences passed on them.

(2.) IT is the case of the prosecution that appellant 1, being a public servant, was prohibited from trading under Rule 21 Bombay Civil Services, Conduct, Discipline and Appeal Rules framed by the Government of Bombay under Clause (2) of Rules 48 and Rule 54, Civil Services (Classification, Control and Appeal) Rules, and that yet he epgaged himself in trade under the name, of 'vinod and Co. " and thereby committed an offence punishable under Section 168, Penal Code. It is also the contention of the prosecution that appellant 1 by abusing his position as a public servant, obtained for himself and also for his son, appellant 2, valuable consideration and thereby committed an offence under Section 6 (2) read with Section Section (1) (d) of India Act No. (11) [2] of 1947.

(3.) RULE 21, Bombay Civil Services Conduct, Discipline and Appeal Rules is in the following terms :