Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Prevention of Corruption Act, 1988; S.13(1)(d) r/w S.13(2)/Penal Code, 1860; Ss. 420, 465, 468 and 471:Corruption - Bank employee allegedly withdrawn certain amount from bank account fraudulently - Trial Court found accused-employee guilty of committing offences u/ss. 420 and 468 IPC and u/s. 13(2) r/w s.13(1)(d) of 1988 Act and sentenced her accordingly - On appeal, High Court affirmed conviction reducing sentence from 2 years to 1 year for offences punishable u/ss. 420 IPC and s.13(2) r/w S.13(1)(d) of the 1988 Act, but no reduction in sentence was ordered for offence punishable u/s.468 IPC - On appeal, Held: On the facts and in the circumstances of the case, ends of justice would be met if conviction of the accused is maintained but substantive sentence imposed on her u/s.468 IPC is reduced from two years to one year - Directions issued accordingly - Sentencing.Appellant was employed as a Clerk in a Bank. According to the Prosecution, the appellant got opened a false bank account in the bank and fraudulently withdrawn an amount of Rs.42,000/-. After investigation, charges were framed against the accused-appellant for committing offences punishable under Sections 465, 471 and 420 of the Indian Penal Code as also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. The Trial Court held the charge proved against the appellant, convicted and ordered her to undergo rigorous imprisonment for two years each for offences punishable under Sections 420 and 468 IPC; rigorous imprisonment for six months each under Sections 465 and 471 IPC and rigorous imprisonment for two years for an offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and also imposed fine. Aggrieved, the appellant preferred an appeal before the High Court. The High Court confirmed the conviction reducing the sentence to one year for offences punishable u/s.13(2) r/w s.13(1)(d) of the Prevention of Corruption Act and also u/s.420 IPC. However, no reduction in sentence was ordered by the High Court for offence punishable u/s.468 IPC. Hence the present appeal.Accused-appellant contended that though the High Court had reduced substantive sentence from two years to one year for certain offences, however, sentence of two years imposed on her has remained as it is, in view of the fact that no reduction in sentence for the offence punishable u/s.468 IPC was ordered and the sentence of two years as imposed by the trial Court continued to remain as it was. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 983 |
Petitioner | K.radhai |
Respondent | C.b.i., Cochin Unit |
SCR | [2007] 10 S.C.R. 380 |
Judgement Date | 2007-09-28 |
Case Number | 1303 |
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