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1960 Supreme(SC) 56

A. K. SARKAR, B. P. SINHA, J. C. SHAH, K. N. WANCHOO, SYED JAFAR IMAM
Mohammed Dastagir – Appellant
Versus
State Of Madras – Respondent


Advocates:
C.B.AGARWAL, C.K.DAFTARY, H.J.Umrigar, J.B.DADACHAN, P.L.VOHRA, R.Ganapathy Iyer, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY, T.M.SEN

Judgment

IMAM, J. : This is an appeal on a certificate granted by the High Court of Madras.

2. The appellant was tried by the Special Judge of Tiruchirappalli under S. 165A of the Indian Penal Code for attempting to bribe Mr. Kaliyappan, Deputy Superintendent of Police of Ramanathapuram. The Special Judge came to the conclusion that the charge framed against the accused had not been established. He, accordingly, acquitted the appellant. Against the order of acquittal the State of Madras appealed to the High Court of Madras under S. 417 of the Code of Criminal Procedure. The High Court came to the conclusion that the evidence established that the appellant had attempted to bribe the aforesaid Deputy Superintendent of Police. It accordingly convicted the appellant under S. 165A, Indian Penal Code and sentenced him to 6 months rigorous imprisonment and a fine of Rs. 1,000, in default, to undergo further rigorous imprisonment for 6 months.

3. According to the prosecution case, the appellant attempted to bribe Mr. Kaliyappan, the Deputy Superintendent of Police, by offering him a sum of money contained in an envelope at his bungalow in the morning of June 14, 1954. In order to appreciate


















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