STATE Vs. BANARSI DAS

JUDGEMENT

(1.) THIS is a criminal appeal preferred by the State on the order of acquittal passed by the Special Judge holding that no offence under Section 5(2) read with Section 5(i)(d) of the Prevention of Corruption Act has been disclosed against Benarsi Das.

(2.) THE accused was alleged to have abused his position as a public servant in so far as by employing corrupt and illegal means he had obtained for himself a sum of Rs. 2/ - from Manohar Lal as a motive or reward for showing him favour in issuing stamp worth Rs. 105/ - expedititously. The trial Court did not give any finding on the question of acceptance of Rs. 2/ - by the accused but passed the order of acquittal on the ground that the accused has not been shown to be a public servant which is a necessary ingredient of the offence. The expression "public servant" has been assigned the same meaning as are given in Section 21 of the Indian Penal Code. The relevant portion of Section 21, Indian Penal Code, is reproduced below: