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PETITIONER: S. A. VENKATARAMAN
Vs.
RESPONDENT: THE STATE(and connected appeal)
DATE OF JUDGMENT: 03/12/1957
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SINHA, BHUVNESHWAR P. KAPUR, J.L.
CITATION: 1958 AIR 107 1958 SCR 1040
ACT: Criminal trial-Public servant accused of criminal misconduct-Dismissal from service before taking of cognizance by Court-Sanction to Prosecute, if necessary- Interpretation-Prevention of Corruption Act, 1947 (II Of 1947), ss. 5(2), 6.
HEADNOTE: The appellant who was a public servant was dismissed from service after departmental inquiry. Thereafter he was charged with having committed the offence of criminal misconduct under S. 5(2), Prevention of Corruption Act, 1947 and was convicted. No sanction under s. 6 of the Act was produced, before the trial Court. It was contended that the Court could not take cognizance of the offence without there being a proper sanction to prosecute : Held, that no sanction under s. 6 of the Act was necessary for the prosecution of the appellant as he was not a public servant at the time of the taking of cognizance of the offence. In construing the provisions of a statute it is essential for a Court, in the first instance, to give effect to the natural meaning of the words used therein, if those words are clear enough. It is only in the case of any ambiguity th...