Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence/Sentencing - Quantum of sentence - Determination of- On facts the appellant accepted bribe of Rs. 7001- - Court below concurrently convicted the appellant for the offence punishable uls. 8 of the 1988Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sentence/Sentencing - Quantum of sentence -Determination of- On facts, the appellant accepted bribe ofRs. 7001- - Court below concurrently convicted the appellantfor the offence punishable uls. 8 of the 1988 Act-As regardssentence, award of rigorous imprisonment for a period of twoyears and a fine of Rs. 5, 0001- by the trial court was reducedto one year besides a fine of Rs. 5, 0001- and default sentenceof imprisonment for a period of two months by the High Court- On appeal, held: Per Gowda J: Having regard to the factsand circumstances of the case, that the main accused-publicservant against whom the charges were leveled under the1988 Act, was acquitted for want of evidence on record, andthe said order has attained finality; and that pursuant to orderby this Court, the appellant surrendered to the Jail and hasserved the sentence for more than 7. 5 months and has paidthe fine amount awarded by the courts below, to meet theends of justice the period of sentence awarded to the appellantreduced to the period already undergone by him- Thus, theorder of High Court is modified accordingly- Per Thakur J:Determining the adequacy of sentence to be awarded in agiven case is not an easy task, just as evolving a uniformsentencing policy is a tough call because the quantum ofsentence depends upon a variety of factors includingmitigating circumstances peculiar to a given case - Sincethe trial and appeal proceedings are pending for nearly 17years causing immense trauma, mental incarnation andanguish to the appellant; that the bribe amount was just aboutRs. 7001-; and that the appellant has already undergone 7~months against the statutory minimum of 6 monthsimprisonment, the reduction of the sentence is correct -Prevention of Corruption Act. 1988 - s. 8. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 704 |
Petitioner | K.p. Singh |
Respondent | State Of Nct Of Delhi |
SCR | [2015] 9 S.C.R. 483 |
Judgement Date | 2015-09-28 |
Case Number | 1264 |
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