RAO SHIV BAHADUR SINGH Vs. STATE OF VINDHYA PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment of the Judicial Commr. of Vindhya Pradesh dated 10-3-1951 by leave granted under Art..134 (1) (c) of the Constitution. The first and the second appellants were at the material period of time respectively the Minister for Industries and the Secretary to the Government, Commerce and Industries Department of the then United State of Vindhya Pradesh. The case for the prosecution against them is as follows:

(2.) On these allegations the two appellants were charged for criminal conspiracy and for taking of illegal gratification by a public servant for doing an official act and for the commission of forgery in connection therewith. The charges were under Ss. 120-B,161, 465 and 466, I. P. C., as adapted by the Vindhya Pradesh Ordinance No. 48 of 1949, and the trial was held by a special Judge under the Vindhya Pradesh Criminal Law Amendment (Special Court) Ordinance No. 5 of 1949. At the trial both the appellants were acquitted. The State filed an appeal to the Judicial Commissioner against the same whereupon both were convicted under Ss. 120-B and 161, I.P.C. (as adapted). In addition, the first appellant was convicted under Ss. 465 and 466, I. P. C. (as adapted). He was sentenced to rigorous imprisonment for three years and to a fine of Rs. 2,000 under S.120-B and to rigorous imprisonment for three years under S. 161 I. P. C., the two sentences to run concurrently in respect of his conviction under Ss. 465 and 466 no separate sentence was awarded. The second appellant was sentenced to one year's rigorous imprisonment and a fine of Rs. 1,000 under S. 120-B, but under S. 161 no separate sentence was awarded. The validity of the convictions and sentences has been challenged on the ground that there has been infringement of Arts. 14 and 20 of the Constitution.

(3.) In addition, a further point has been raised before us by leave that no appeal lay to the Judicial commissioner from the acquittal by the special Judge. It is convenient to deal with this point in the first instance. The question raised depends on a construction of the provisions of the Vindhya Pradesh Criminal Law Amendment (Special Court) Ordinance No. 5 of 1949 dated 2-12-1949. By S. 2 thereof the Vindhya Pradesh Government was given the power by notification to constitute special courts of criminal jurisdiction within the State and by S. 3 to appoint a special Judge to preside over the special court. By S. 4 the Government was authorised to issue notifications from time to time allotting cases for trial by the special Judge in respect of charges for offences specified in the Schedule to the Ordinance. Sections 5(1), 7 and 8 provide certain departures from the normal procedure or evidence, and S. 9 provides for special punishment. Section 5, sub-s. (2) provides as follows: