Law:

Section:

Penal Code (XLV of 1860), S. 409 read with S. 21, cls. tenth & eleventh Union Board member Not public servant Conviction under S. 409 not maintainable. The function of a member of the Union Board does not attract clause tenth or clause eleventh or for the matter of that any clause of section 21 of the Penal Code, 1860 and he is, therefore, not a public servant and his conviction under section 409 of the Code cannot be maintained. On the analogy of illustration to the tenth clause of section 21 that a Municipal Commissioner is a public servant it cannot be held that a Union Board member is also a public servant. THIS JUDGMENT DELIVERED BY: SATTAR, J. Appellant Manindra Chandra Biswas along with one Kartick Chandra Roy was placed on trial before Mr. A. M. Hossain, Special Judge, Faridpur, for offences under sections 409, 471 and 420, Pakistan Penal Code. The learned Judge found the appellant guilty under section 409 of the Pakistan Penal Code and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200, in default to undergo rigorous imprisonment for a further period of six months. He was also found guilty under section 471, Pakistan Penal Code, and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200, in default to undergo rigorous imprisonment for a further period of six months. Lastly, he was found guilty under section 417, Pakistan Penal Code and sentenced to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 100, in, default to undergo rigorous imprisonment for a further period of three months. The learned Judge directed that the sentences awarded on the appellant would run concurrently. Kartick Chandra Roy was found not guilty of the charges against him and was acquitted. 2. The prosecution case, briefly stated, is that the appellant was a member of the Amtali Union Board. He was paid Rs. 300 in pursuance of a resolution of the Union Board to purchase eight time pieces for supply to the Free Primary Schools of the Union. It is said that the accused purchased eight time pieces at a cost of Rs. 216 at the rate of Rs. 27 per time piece and obtained Exh. 10, the voucher…

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