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PETITIONER: RAM KRISHAN AND ANOTHER
Vs.
RESPONDENT: THE STATE OF DELHI(With connected appeal)
DATE OF JUDGMENT: 09/03/1956
BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA BOSE, VIVIAN SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER
CITATION: 1956 AIR 476 1956 SCR 182
ACT: Prevention of Corruption-"Obtains", Meaning of-Railway Servants, if public servants-Laying of traps-Propriety- Prevention of Corruption Act (II of 1947), s. 5(1)(d), subsection (2)Indian Railways Act (IX of 1890) as amended by Act XVII of 1955. s. 137.
HEADNOTE: The appellants were suspected of exporting potatoes at concessional rates on false declarations and Madan Lal, a Railway Officer, was deputed to assist the Police in the investigation. In course of that investigation the appellants offered a bribe to Madan Lal for hushing up the case but he refused to accept it. As they persisted in their offer a trap was laid in Madan Lal’s house and it succeeded. Two Police Officers and a Magistrate heard the conversation from the adjoining room and saw the payment of the bribe through a hole. The appellants were charged under s. 120-B of the Indian Penal Code for criminal conspiracy to cause the offence of criminal misconduct punishable under s. 5(2) of Prevention of Corruption Act of 1947 to be committed by Madan Lal as also under that section read with s. 116 of the...