Section 5 (2) of the Prevention of Corruption Act of 1947 (XLV of 1860), the section 161 case was run by a Special Judge against whom there was no territorial jurisdiction in the area from which the Special Judge committed the crime. Was assigned to the division which was different from the one in which the incident took place, the special court had no jurisdiction to hear the case, so that the evidence obtained by the special judge was obtained without legal authority. On the basis of such evidence and the conviction of the accused was illegal and the accused was also convicted. Accordingly, the case was set aside and the case was referred to the Special Judge for re-recording the evidence and for deciding the same decision as per the law.
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