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SHARAFUDDIN KHASHKELI versus STATE


Sections 5 (i) (c) and 5 (2) of the definition of evidence of illicit or fraudulent use of illicit property apply to the Prevention of Corruption Act, 1947 1947 applicable where the public servant is the property entrusted to him as a public servant. Misleads or otherwise misrepresents in its sole discretion. Or any other person permitted to do so shall be punished for criminal misconduct under section 5 (2) of the Prevention of Corruption by Government Employees Act, 1947. In the present case, there was no allegation of any misconduct or change of any public property under which Section 5 (i) (c) of the Prevention of Corruption Act 1947 under which the accused was charged. In these circumstances, corruption was not attracted to the facts of section 5 (2) of the Prevention Act, 1947. The fixed penalty for criminal misconduct, since the Prevention of Corruption Act, 5 (i) (c) of the Prevention Act, 1947 did not attract charges against the accused, did not present section 5 (2) of the same Act as prosecution. Could have been, the situation had failed. In order to establish the guilt of the accused beyond any reasonable doubt, the above judgment was put aside in the circumstances.

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