RAM KRISHAN AND ANOTHER versus THE STATE OF DELHI

RAM KRISHAN AND ANOTHER versus THE STATE OF DELHI

The appellants offered illegal gratification to a public servant within the meaning of s. 5(1)(d) of the Prevention of Corruption Act and Madan Lal was a public servant as per the amended Indian Railways Act; the laying of a trap did not reduce the seriousness of the offence and did not affect the legality of the conviction or warrant reduction of the sentences imposed.

Parties
Appellant: Ram Krishan; Appellant: Prem Chand; Appellant: Gian Chand; Respondent: State of Delhi
Jurisdiction
India
Judgment Date
09 March 1956
Procedural Posture
Criminal Appeal / Decision on Appeals by Special Leave
Outcome
appeal dismissed, convictions and sentences confirmed
Legal Topics
Prevention of Corruption, Bribery, Public Servant Definition, Laying of Traps
Criminal Law Prevention of Corruption Bribery Public Servant Definition Laying of Traps

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Parties

Ram Krishan

Appellant

Prem Chand

Appellant

Gian Chand

Appellant

State of Delhi

Respondent

Procedural Posture

Criminal Appeal / Decision on Appeals by Special Leave

Legal Issues

  1. 1 Whether s. 5(2) of the Prevention of Corruption Act applies to the facts of the case
  2. 2 Whether Madan Lal was a 'public servant' within the meaning of the Act
  3. 3 Whether the laying of the trap for detecting the offence was improper and merits leniency in sentence

Ratio Decidendi

The appellants offered illegal gratification to a public servant within the meaning of s. 5(1)(d) of the Prevention of Corruption Act and Madan Lal was a public servant as per the amended Indian Railways Act; the laying of a trap did not reduce the seriousness of the offence and did not affect the legality of the conviction or warrant reduction of the sentences imposed.

Court Disposition

appeal dismissed, convictions and sentences confirmed

Orders

  • Convictions and sentences of appellants confirmed
  • Appeal rejected