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PETITIONER: JASWANT SINGH
Vs.
RESPONDENT: THE STATE OF PUNJAB
DATE OF JUDGMENT: 25/10/1957
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. SINHA, BHUVNESHWAR P.
CITATION: 1958 AIR 124 1958 SCR 762
ACT: Criminal trial-Sanction in respect of one offence-Trial for two offences requiring sanction-If trial wholly void- Prevention of Corruption Act, 1947 (II of 1947), ss. 5(1)(a), 5(1)(d) and 6.
HEADNOTE: Sanction was given under s. 6 of the Prevention of Corruption Act, 1947, for the prosecution of the appellant for having received illegal gratification from one Pal Singh. He was charged with and tried for two offences under s. 5(1)(a) of the Act for habitually accepting or obtaining illegal gratification and under S. 5(1)(d) for receiving illegal gratification from Pal Singh. The Special judge found both charges proved and convicted the appellant. On appeal, the High Court held that the appellant could neither be tried nor convicted of the offence under S. 5(1)(a) as no sanction had been given in respect of it but upheld the conviction for the offence under S. 5(1)(d) for which sanction had been given. It was argued that the conviction even for the offence under S. 5(1)(d) was illegal as the trial was wholly v...