Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act s.5(2) 1947 what is already undergone by the appellant illegal gratification imprisonment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Prevention of Corruption Act, 1988 (49 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1947 – s.5(2) – Appellant accepted illegal gratification – Trial Court convicted the appellantfor the offences punishable u/s.5(2) of the PC Act r/w. s.161 of the IPC – He was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.5000/- u/s.5(2) of the PC Act – Also, he was sentenced to undergo rigorous imprisonment for a period of three years u/s.161 IPC – Both the sentences under the PC Act and the IPC were to run concurrently – High Court maintained the conviction and reduced the quantum of sentence to one year under both the provisions of the Act – Both the sentences were to run concurrently – High Court also reduced the fine amount of Rs.5000/- to Rs.3000/- – Appellant pleaded for the reduction of the jail sentence – On appeal, held: Proviso to s.5(2) of the PC Act empowers the Court to impose sentence of imprisonment of less than one year provided any special reasons are recorded in writing in support of imposing such reduce sentence of less than one year –In instant case, there were eight reasons which satisfied the requirements of proviso to s.5(2) of the PC Act – Firstly, the incident was of the year 1985; Secondly, this case was pending for last 34 years; Thirdly, the appellant had reached to the age of 78 years;Fourthly, he was suffering from heart ailment; Fifthly, he has already undergone total jail sentence of one month and ten days during the trial and after conviction; Sixthly, he was on bail for last 34 year sand had neither indulged in any criminal activities nor breached any of the bail conditions; Seventhly, the bribe amount was Rs.1200/-; lastly, in the last 34 years, he had suffered immense trauma, mental agony and anguish – Thus, jail sentence passed by the Courts below reduced to “what is already undergone by the appellant”, i.e. one month & ten days and fine amount of Rs.3000/- enhanced to Rs.10,000/- Penal Code, 1860 – s.161 |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2019 INSC 142 |
Petitioner | Ambi Ram |
Respondent | State Of Uttarakhand |
SCR | [2019] 2 S.C.R. 656 |
Judgement Date | 2019-02-05 |
Case Number | 1723 |
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