A prosecution was launched against the appellant under section 5 (2) read with section 5 (1) (c) of the Prevention of Corruption Act, 1947, for short the Act, and section 409 of the Indian Penal Code. The gravened of the charge against the appellant was that while employed as a public servant in the capacity of a V. P. Letter Clerk in Sub-post Office at Digboi he had dishonestly or fraudulently misappropriated or otherwise converted for his own use a total sum of Rs. 2,281.82 which had been entrusted to him during the period from 1.4.68 to 26.4.68. In the trial which commenced, the prosecution exami­ned as many as 26 witnesses and on conclusion of the same, the learned Special Judge, Assam, found the appellant guilty under the aforesaid sections of law and awarded different terms of imprisonment as mentioned in para 17 of the impugned judgment.

2. The conviction has been ultimately assailed by Shri Bhattacharjee only on the ground that the sanction accorded in the present case for prosecuting the appellant under section 5 (2) read with section 5 (1) (c) of the Act was invalid inas­much as it had not been granted by a person competent to remove the appellant from the office he was ho

Click Here to Read the rest of this document