RAMESH BALKRISHNA KULKARNI vs STATE OF MAHARASHTRA

The Supreme Court upheld the conviction of a Municipal Councillor under Section 161 IPC and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, affirming the Bombay High Court's ruling that a Municipal Councillor qualifies as a 'public servant' under Section 21 IPC. The Court referenced R.S. Nayak v. A.R. Antulay, A.I.R. 1984 S.C. 684, to clarify that the definition of 'public servant' includes Municipal Councillors, thus validating the prosecution's sanction. The appeal was dismissed, affirming the conviction and sentence imposed by the trial court.