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1975 (7) TMI 144 - SUPREME COURTWhether the sub sequent amendments to s. 21 of the Penal Code after its incorporation in the Act would have to be read into the Prevention of Corruption Act, 1947 or not? Held that:- In the facts and circumstances of the present case and having regard to the nature and scope or the Prevention of Corruption Act, the extended definition of s.21 of the Penal Code would have to be imported into s. 2 of the Act. That being the position there can be no doubt that the respondent was a public servant within the meaning of s. 2 of the Act and his conviction by the learned Special Judge, Indore, did not suffer from any legal infirmity. The judgment of the High Court holding that the respondent was not a public servant is legally erroneous and cannot be allowed to stand. The High Court has itself pointed out that the respondent had been forced under duress exercised by his superior officer in drawing the inflated travelling allowance. The High Court has also expressed the view that having regard to the fact that as the accused had to face a trial for a number of years, the Government will consider the desirability of not prosecuting him again. In view of these circumstances, therefore, we feel the respondent has committed only a technical offence and a token sentence is called for - allow the appeal, set aside the judgment of the High Court - convict the respondent under s. 420 I.P.C. and s. 5(2) read with s. 5(1)(d) of the Prevention of Corruption Act but reduce his sentence to the imprisonment already served
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