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Mahendra Prosad Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in9Ind.Cas.698
AppellantMahendra Prosad
RespondentEmperor
Excerpt:
penal code (act xlv of 1860), sections 21 and 161 - public servant--unpaid apprentice of government--illegal gratification. - 1. we are of opinion that this rule must be made absolute on the single ground that an unpaid apprentice of government is not a public servant within the meaning of section 21 of the indian penal code. it does not appear that there is evidence of any other offence having been committed by the petitioner.2. the rule is made absolute and the conviction and sentence are set aside.3. the petitioner will be discharged from bail.
Judgment:

1. We are of opinion that this rule must be made absolute on the single ground that an unpaid apprentice of Government is not a public servant within the meaning of Section 21 of the Indian Penal Code. It does not appear that there is evidence of any other offence having been committed by the petitioner.

2. The rule is made absolute and the conviction and sentence are set aside.

3. The petitioner will be discharged from bail.


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