LAXMI DHAR Vs. REX

JUDGEMENT

(1.) The appcts. are public servants and stand convicted and sentenced under S. 384, I.P.C. The findings arrived at by the two Cts. below are that they held out a threat under colour of office to the complainant and made him pay them a certain sum of money in case he did not want them to report the matter to the authority concerned if he happened to entertain more than 25 guests in the marriage feast of his niece. The contention of the counsel for the appcts. before the Ct. is that even if it be assumed just for arguments' sake that the findings arrived at by the two Cts. below are correct, no offence of extortion is made oat against the appcts. He has in support of his contention relied on the ruling in Venkatappa V/s. Jalayya, 1919 AIR(Mad) 94

(2.) Section 383, I. P. C., lays down that 'whoever...pats any person in fear of any injury... .........and thereby........induces (the person so put in fear to deliver...any property...commits extortion."

(3.) Venkatappa V/s. Jalayya, 1919 AIR(Mad) 94 lays down as below :