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Nov 17 1952 (HC)

State Vs. Himatlal Motilal

Court : Gujarat

Reported in : 1953CriLJ1237

Baxi, J.1. The State has preferred this appeal against the order of the First Class Magistrate, Junagadh, acquitting the respondent of the offence of taking illegal gratification punishable under Section 161, I.P.C.2. The respondent is a superannuated police head clerk of the Bombay Province. He was in the employment of the Junagadh State prior to its integration with the Saurashtra State. After its integration, the respondent was re-employed as head clerk in the office of the District Superintendent of Police for a period of one year under the sanction of Government conveyed by its order No. 13-1 (H) dated 14.12.1949. The case for the prosecution was that the respondent accepted Rs. 100/- as illegal gratification from one Nathubhai Mulubhai of Malta Hatina as a motive or reward for rendering service to the said Nathubhai in assisting him to obtain restoration of arms which Nathubhai had surrendered to the Government. According to the prosecution Nathubhai had surrendered his sword and...

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