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Mahendra Prosad Vs. Emperor

Mahendra Prosad vs Emperor

Type Court Judgment Court Kolkata Decided Aug 19, 1910
~1 min read
https://sooperkanoon.com/case/886839

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Citation
Court
Kolkata
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Penal Code (Act XLV of 1860), Sections 21 and 161 - Public servant--Unpaid apprentice of Government--Illegal gratification. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Mahendra Prosad

Respondent

Emperor

Legal References

Reported In
9Ind.Cas.698

Excerpt

penal code (act xlv of 1860), sections 21 and 161 - public servant--unpaid apprentice of government--illegal gratification. - 1. we are of opinion that this rule must be made absolute on the single ground that an unpaid apprentice of government is not a public servant within the meaning of section 21 of the indian penal code. it does not appear that there is evidence of any other offence having been committed by the petitioner.2. the rule is made absolute and the conviction and sentence are set aside.3. the petitioner will be discharged from bail.

Full Judgment

1. We are of opinion that this rule must be made absolute on the single ground that an unpaid apprentice of Government is not a public servant within the meaning of Section 21 of the Indian Penal Code. It does not appear that there is evidence of any other offence having been committed by the petitioner.

2. The rule is made absolute and the conviction and sentence are set aside.

3. The petitioner will be discharged from bail.

Continue Your Research

Same Parties Mahendra Prosad vs Emperor Same Subject Criminal Same Judge Holmwood and ;Doss, JJ.
Criminal

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