STATE OF HIMACHAL PRADESH Vs. AMAR SINGH

JUDGEMENT

(1.) Amar Singh, an Assistant Sub -Inspector of Police, who was posted at Police Station, Jogindernagar, District Mandi, in the year 1983, was tried by the Special Judge, Mandi, in Corruption Case No. 2 of 1984, under section 161 of the Indian Penal Code and section 5 (I) (a) read with section 5 (2) of the Prevention of Corruption Act, 1947. He was acquitted by the learned Special Judge by an order of October 25, 1984. The State of Himachal Pradesh assailed the order of his acquittal in Criminal Appeal No, 21 of 1985, State of Himachal Pradesh v, Amar Singh.

(2.) The appeal came up for hearing before one of us (V. K Mehrotra, J.). One of the questions which arose for consideration, during the hearing, was whether it was necessary for the prosecution to prove the fact of demand of illegal gratification by an accused person independently before it can seek conviction of the accused under section 161,1. P. C. and section 5 (5) of the Prevention of Corruption Act or not. The question had been answered in affirmative by Bhawani Singh, J. in State of Himachal Pradesh v. Tej Ram, 1989 (2) Sim -LC9. The view so expressed, in the opinion of one of us, required reconsideration for various reasons It is on that account that the question was placed before us for consideration

(3.) Section 161 of the I. P. C, in its material parts says that: "Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration...................shall be punished with imprisonment........" Section 5 (1) of the Prevention of Corruption Act, 1947, provided that a public servant is said to commit the offence of criminal misconduct - (a) ** ** ** ** (b) *? ** ** ** (c) ** ?* ** ** (d) if he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage, or (e) ?* ** ** *?