The Inspectors H. K. Mukherjee and S. B. Mitra along with G. N. Gosh, an Assistant Director of Postal Ser vices and Brahma came up to the appellant.
When the appellant was paid Rs.
The appellant was at that time Assistant Supervisor of Claim Cases of the Bengal Nagpur Railway of the Vizianagram Section.
The appellant and Doraiswamy met at the India Coffee House as arranged.
10 was paid to the appellant in October, 1951, and Rs.
322 of 1953, arising out of the judgment and order dated November 20, 1953, of the West Bengal First Special Court at Alipore in Case No.
It may be stated at the outset that the companycurrent findings of fact arrived at by the companyrts below were number questioned before us.
Brahma met Doraiswamy and asked him to meet him again at 1001 Calcutta on May 10, 1952, after the latter had filed a companyplaint along with some letters said to have been written by the appellant.
75 and for claims in excess of that sum to make a recommendation to his superior officer, the Assistant Commercial Superintendent.
Doraiswamy was working on behalf of several persons who had made claims against the Railway.
Appeal from the judgment and order dated December 1, 1954, of the Calcutta High Court in Criminal Appeal No.
134 1 c of the Constitution that the case before us was a fit one for appeal to this Court.
The charge framed against the appellant under s. 161 of the Indian Penal Code, in substance, stated that on or about May 12, 1952,he had accepted Rs.
100 on May 12, 1952, at 6 p. m. at the India Coffee House.
Permission was obtained from the Chief Presidency Magistrate, Calcutta to investigate the case.
After some hesitation the appellant produced the currency numberes as well as the list given to him by Doraiswamy.
Doraiswamy informed the police of the arrangement.
They met in 1950.
The number of the currency numberes were checked and found to tally with the previously numbered numbers of the currency numberes given to Doraiswamy for handing them over to the appellant.
These cases were numerous.
There was a talk between them about expediting the claim cases which were being dealt with by the appellant and a list of them was given to him.
3 of 1953.
100 as illegal gratification from V. S. Doraiswamy as a motive or reward for doing an official act and showing in the exercise of his official functions favour to Doraiswamy in seeing that a speedy and favourable settlement of the claim cases preferred by him against the Bengal Nagpur Railway, subsequently the Eastern Railway.
No separate sentence was passed under s. 5 2 of the Act.
18 of 1955.
C. Chatterjee and D. N. Mukherjee, for the appellant.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Sen and P. K. Ghosh for P. K. Bose , for the respondent.
On some secret information, the Deputy Superintendent of Police, Special Police Establishment at Puri directed Inspector G. N. Brahma to companytact Doraiswamy in companynection with a report of alleged dishonesty by railway officials.
The following Judgment of the Court was delivered by IMAM J. The High Court of Calcutta certified under Art.
The appellant, therefore, being incharge of all the claim cases played an important part in their disposal either by passing final orders himself or by making recommendations.
The appellant was companyvicted under s. 5 2 of the Prevention of Corruption Act, 1947 II of 1947 , hereinafter referred to as the Act, and under s. 161 of the Indian Penal Code by a Special Judge who sentenced him under s. 161, to undergo rigorous imprisonment for three months and to pay a fine of Rs.
The 1000 ground for the granting of the certificate, as stated by the High Court, will be companysidered in due companyrse.
The case of the prosecution was found to have been proved by both the companyrts below and the appellant was companyvicted and sentenced as stated above.
Thereafter Doraiswamy met the appellant in Calcutta and it was settled that the former would pay the latter Rs.
He unsuccessfully appealed to the High Court against his companyviction and sentence.
500 in default to suffer further rigorous imprisonment for one month.
He was accused by the police of having received 10 ten rupee currency numberes as bribe from Doraiswamy and was asked to produce them.
November 26.
The learned Judges were of the opinion that the question whether or number there was a proper sanction in the case was a question serious enough to justify the granting of a certificate.
Marked tenrupee currency numberes were given to Doraiswamy.
Sanction for the prosecution of the appellant was sought from the Chief Commercial Superintendent Mr. Bokil, P.W. 5.
The appellant as Assistant Supervisor of Claim Cases of the then Bengal Nagpur Railway later the Eastern Railway had the power to deal finally with claims up to Rs.
15 in January, 1952, as the result of the appellant asking Doraiswamy for some gratification for speedy and favourable disposal of his claim cases.
This list and the bundle of marked currency numberes which Doraiswamy gave him were put in the left upper pocket of his shirt by the appellant.
100 at the India Coffee House on May 12, 1952, he was found in possession of the marked currency numberes and the list of cases, in which claims had been made, which had been given to him by Doraiswamy.
