The court held that the accused were guilty of accepting an illegal gratification of Rs. 2,500/- from Abdul Rehman on 19-11-1954. The court also held that the accused were guilty of making several attempts to obtain illegal gratification from the Society between October and November 1954. The court rejected the accused's defense that the prosecution witnesses were partisan and that the evidence against them was fabricated.

Headnote:
The accused were convicted of accepting an illegal gratification of Rs. 2,500/- from a member of the Modern Tanners Co-operative Society Ltd. on 19-11-1954. The prosecution alleged that the accused had made several attempts to obtain illegal gratification from the Society between October and November 1954. The accused denied the charges and claimed that the prosecution witnesses were partisan and that the evidence against them was fabricated.
Fact of the Case:

On 19-11-1954, Abdul Rehman, a member of the Modern Tanners Co-operative Society Ltd., gave Rs. 2,500/- to the accused at the Goverdhan Hindu Hotel. The prosecution alleged that the accused had made several attempts to obtain illegal gratification from the Society between October and November 1954. The accused denied the charges and claimed that the prosecution witnesses were partisan and that the evidence against them was fabricated.
Finding of the Court:

The court found that the accused had accepted an illegal gratification of Rs. 2,500/- from Abdul Rehman on 19-11-1954. The court also found that the accused had made several attempts to obtain illegal gratification from the Society between October and November 1954. The court rejected the accused's defense that the prosecution witnesses were partisan and that the evidence against them was fabricated.
Issues: 1. Whether the accused accepted an illegal gratification of Rs. 2,500/- from Abdul Rehman on 19-11-1954? 2. Whether the accused made several attempts to obtain illegal gratification from the Society between October and November 1954? 3. Whether the prosecution witnesses were partisan? 4. Whether the evidence against the accused was fabricated?
Ratio Decidendi: 1. The court found that the accused had accepted an illegal gratification of Rs. 2,500/- from Abdul Rehman on 19-11-1954. The court relied on the testimony of Abdul Rehman, the panch witnesses, the hotel boy Muttu, and the pan shop owner Ramnarayan. The court found that the testimony of these witnesses was credible and reliable. 2. The court found that the accused had made several attempts to obtain illegal gratification from the Society between October and November 1954. The court relied on the testimony of Abdul Rehman, the panch witnesses, and the hotel boy Muttu. The court found that the testimony of these witnesses was credible and reliable. 3. The court rejected the accused's defense that the prosecution witnesses were partisan. The court found that the witnesses were independent and impartial. The court also found that the witnesses had no motive to lie. 4. The court rejected the accused's defense that the evidence against them was fabricated. The court found that the evidence was credible and reliable.
Final Decision: The court convicted the accused of accepting an illegal gratification of Rs. 2,500/- from Abdul Rehman on 19-11-1954. The court also convicted the accused of making several attempts to obtain illegal gratification from the Society between October and November 1954. The court sentenced the accused to one year's rigorous imprisonment and a fine of Rs. 500/-. The court also sentenced the accused to nine months' rigorous imprisonment and a fine of Rs. 300/-.

Judgment

1. These are two appeals filed from a judgment of the learned Special Judge, Greater Bombay. Appeal No. 652 or 1955 is by Ramchand Tolaram Khatri who was originally accused 2 and Appeal No. 671 of 1955 is filed by Mr. Rijumal Kripalani who was originally accused 1. The learned Special Judge, Greater Bombay, has convicted both these appellants of an offence under Section 161 read with Section 34, Penal Code and has sentenced the appellant in Appeal No. 671 of 1955 to suffer one years rigorous imprisonment and to pay a fine of Rs. 500/-or in default to suffer one months further rigorous imprisonment

The learned Judge has sentenced the appellant in Appeal No. 652 of 1955 to suffer 9 months rigorous imprisonment and to pay a fine of Rs. 300/-6r in default to suffer 15 days further rigorous imprisonment. Both the appellants, as I have said, have been convicted of an offence under Section 161 read with Section 34, Penal Code.

2. The charge against these appellants, who were originally accused 1 and 2, was that accused 1 being a District Officer for Industrial Co-operatives and Village Industries and accused 2 being a Supervisor in the office of the Assistant Registrar of Co-operative Societies, Bombay, were public servants and that they, in furtherance of their common intention to obtain Illegal gratification as a motive or reward for doing or- forbearing to do an official act or for showing favour or forbearing to do disfavour to the Society in the exercise of their official functions, on various occasions during the months of October and November 1954 at Greater Bombay, attempted to obtain for themselves from the Modern Tanners Co-operative Society Ltd., Bombay, and did, on 19-11-1954, obtain from Shri Abdul Rehman, a member of the Managing Committee of the abovesaid Society, gratification other than legal remuneration to the tune of Rs. 2,500/-.

The charge stated that the common intention of the appellants was to attempt to obtain from the abovementioned Society gratification other than legal remuneration at the rate of Rs. 50/- per month since the inception of the Society, that is Rs. 3,000/- in all, or at the rate of half a per cent on the turnover of the Society. As I just said, the charge alleged that on 19-11-1954 at Dharavi, Greater Bombay, the appellants did accept from Shri Abdul Rehman an amount of Rs. 2,500/- in twenty-five currency notes of Rs. 100/- each as illegal gratification.

3. Now, the facts of the case as contended by the prosecution and which laid to the prosecution of the present appellants may be briefly stated. The Modern Tanners Co-operative Society at Dharavi is a Society which was registered in the year 1949 under the Co-operative Societies Act. Mr. Rajderkar, who is one of the prosecution witnesses in this case, was the chairman of the managing committee of this Society at the material time.

Abdul Rehman, Bhagwat and Basu were the members of the managing committee of this Society. Mr. Bhagwat in addition was also a Secretary of the Society. Accused 1, in his capacity as a District Officer for Industrial Co-operatives and Village Industries, was an ex-officio member of the Society. Abdul Rehman used to attend to the purchase of the materials for the Society. He also used to attend to the sale of the finished goods of the Society. He used to handle the cash of the Society and make payments on behalf of the Society.

Mr. Basil was a salesman and he used to look to the sale of the finished products manufactured by the Society. He (Mr. Basu) used to be given a commission of 2 per cent on the orders which were booked by him including the orders from Government, pursuant to which orders sales were effected it is to be noted that accused 2 had upon one occasion orally conveyed to the managing committee of this Society an objection in regard to the payment of the 2 per cent commission to Basu.

The Joint Registrar of the Co-operative Societies visited the Society on 18-8-1954 and he made his report on 23-8-1954

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