Law: Prevention of Corruption Act (II of 1947)

Section: 6,5(2)

Law: Penal Code (XLV of 1860)

Section: 409

Law: Criminal Procedure Code (V of 1898)

Section: 234

  Prevention of Corruption Act (II of 1947)----S. 6-Sanction for prosecution-Mere fact that cases against accused have been split up and are covered by common sanction does not lead to inference that sanctioning authority had neither read papers nor applied its mind to facts of case-Sanction clearly mentioning that sanc tioning authority had gone through all relevant papers and con sidered facts-Sanction, held, valid.   Prevention of Corruption Act (II of 1947)---S. 5 (2)-Joinder of charges-Charge under S. 5 (2) of misconduct in relation to an offence under S. 409, Penal Code (XLY of 1860)-Offence under S. 409 can validly be founded upon numerous items of misappro priation regardless of time of commission-Accused, held, can be tried for more than one item of misappropriation under S. 5 (2) Criminal Procedure Code (V of 1898), S. 234-Penal Code (XLV of 1860), S. 409.   Where it was argued that the accused could not be tried for more than one item of misappropriation under section 5(2), Prevention of Corruption Act, 1947, in view of alleged bar of section 233, Criminal Procedure Code, 1898:   Held, that there was no force in this argument. The law permits numerous items of misappropriation to- be joined together for a charge of misappropriation against the accused. The charge under section 5 (2) of the Prevention of Corruption Act, 1947 relates to only misconduct on the part of accused referable to the offences committed under the Penal Code, 1860. The charge under section 5(2) consequently will be of misconduct in relation to an offence under section 409, Penal Code. If an offence under section 409, Penal Code could validly be founded upon numerous items of misappropriation regardless of the time at which those misappropriations were committed, there is no reason why a charge under section 5 (2) of the Prevention of Corruption Act, 1947 could not be framed against the accused.   Penal Code (XLV of 1860)----S. 409-Sentence-Mitigation Detention of accused in custody for long time in cases not con nected with subject-matter of appeal-No mitigating circumstance for reduction in sentence-Sentence passed otherwise not excessive but normal and…