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PETITIONER: SURAJPAL SINGH
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH
DATE OF JUDGMENT: 07/12/1960
BENCH: DAS, S.K. BENCH: DAS, S.K. SINHA, BHUVNESHWAR P.(CJ) SARKAR, A.K. AYYANGAR, N. RAJAGOPALA MUDHOLKAR, J.R.
CITATION: 1961 AIR 583 1961 SCR (2) 971 CITATOR INFO : D 1964 SC 464 (13,33) D 1971 SC 786 (6,15) RF 1977 SC2091 (5) RF 1979 SC 602 (6)
ACT: Criminal Misconduct--Acquittal under one category of criminal misconduct charged--Conviction under another category not charged--Legality of--Presumption, Whether creates an offence--Prevention of Corruption Act, 1947 (11 of 1947), s. 5, sub-ss. (1), (2), (3).
HEADNOTE: The appellant was a Head Constable attached to a malkhana where articles seized in connection with excise offences were kept in deposit. The appellant was charged under S. 5(1)(c) read with s. 5(2), Prevention of Corruption Act, 1947, in that he had dishonestly or fraudulently misappropriated or otherwise converted to his use these articles; the charge further stated that a sum of Rs. 9,284- 1-0 was recovered from him which was disproportionate to his known sources of income. He was acquitted of the charge under s. 5(1)(c) but was convicted under s. 5(2) on the ground that he had failed to account satisfactorily for the possession of Rs. 9,284-1-0 which was disproportiona...