THE STATE Vs. RAJ KUMAR

JUDGEMENT

(1.) RAJ Kumar Respondent was convicted by Magistrate I Class, Sultanpur, Under Section 409, I.P.C. and sentenced to two years' rigorous imprisonment and to pay Rs 200/ - as fine, or in. default to undergo rigorous imprisonment for six month Section In appeal, the Sessions Judge, Kapurthala, has set aside the conviction on the sole ground that Section 409, I.P.C. was pro tan to repealed by Section 5(1)(e), Proveulinn if Corruption Act, (2 of 1947).

(2.) THE case against the Respondent is that when posted as Rent Controller in the Custodian's Department at Sultanpur in the year 1950, he collected rents amounting to Rs. 21/ - from different lessees of evacuee property and issued receipts for the same, He did not deposit the said amount in the State treasury, but misappropriated it for his own use.

(3.) DEALING with a similar situation Maxwell on Interpretation of Statutes (10th Edition) at page 186, observes: