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1952 Supreme(Mad) 191

RAMASWAMI GOUNDER


Advocates:
Adavi Rama Rao for Petitioner.

Order.-

This is a revision petition sought to be filed against the affirming judgment of the learned Sessions Judge of Krishna in C.A. No. 17 of 1952 confirming the conviction and sentence of the Additional First Class Magistrate of Vijayawada in C.C. No. 432 of 1950.

The facts of the case have been fully set out in the judgments of the lower Courts and the record shows that there was valid, acceptable, and adequate evidence for the conviction that followed and the sentence is also found to be appropriate. Therefore, there are no grounds to interfere in regard to the merits as well as the extent of the sentence.

The substantial point of law taken before me is the contention based upon the decision of the Punjab High Court in The Slate v. Gurucharan Singh1, wherein it was held that section 5(1)(c) of Act II of 1947 repealed pro tanto section 409, Indian Penal Code. But with greatest respect for the decision, I find no reasons whatsoever for holding that section 5(1)(c) of the Prevention of Corruption Act repeals section 409, Indian Penal Code.

A “special law” is a law applicable to a particular subject: see section 41, Indian Penal Code. Under section 5, Indian Penal Code, no special l



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