AIR 2012 SUPREME COURT 3790 ::2012 AIR SCW 2496 ::AIR 2012 SC (Criminal) 872 ::AIR 2012 SC (Criminal) 872 ::2012 (12) SCC 748 ::2012 (3) RecCriR 837

Supreme Court Of India

Hon'ble Judge(s): H. S. Bedi, Gyan Sudha Misra , JJ

Prevention of Corruption Act (49 of 1988) , S.13— Offence of corruption - Temporary misappropriation of office money - Not an offence of corruption - Conviction of accused clerk for offences under Act liable to be set aside - Considering fact that telephone dues misappropriated had been deposited by accused in post office within few days - And no loss is caused to office - Accused given benefit of S. 95, IPC. Penal Code (45 of 1860) , S.95— (Para 2 3)