THE STATE OF GUJARAT vs MANSHANKAR PRABHASANKAR DWIVEDI

The Supreme Court held that a University Examiner does not qualify as a 'public servant' under Clause 9 of Section 21 IPC, as he does not hold an office of the Government nor receive fees from it. Consequently, the accused was acquitted of charges under Section 161 IPC for taking bribes, as he was not acting in a public servant capacity during the examination. Additionally, the Court ruled that there was no evidence of abuse of position as a lecturer under the Prevention of Corruption Act, leading to acquittal under Section 5(2) read with Section 5(1)(d).