STATE Vs. RATAN LAL ARORA

JUDGEMENT

(1.) Leave granted.

(2.) By the impugned judgment a learned single Judge of the Delhi High Court while upholding that the respondent-accuseds conviction under the Prevention of Corruption Act, 1988 (in short the Act), was in order, further held him to be entitled to the benefits available under Section 360 of the Code of Criminal Procedure, 1973 (in short the Code). The State has questioned legality of latter view.

(3.) Factual background in short is as follows : Respondent-accused was serving as Commercial Superintendent of the erstwhile DESU office. Proceedings under the Act were initiated against him for alleged commission of offence punishable under Sections 7, 13(2) read with Section 13(1)(d) of the Act for demanding and accepting bribe of Rs. 1,500/- from a consumer Mahabir Prasad (hereinafter referred to as the "complainant"). After trial by the Special Judge, Delhi, he was found guilty and sentenced to undergo rigorous imprisonment for 20 months and a fine of Rs. 2,000/- with default stipulation for offence under Section 7 and 40 months and a fine of Rs. 2,000/- with default stipulation for the offence punishable under Section 13(2) of the Act. An appeal bearing Criminal Appeal No. 471 of 1999 was filed before Delhi High Court. By the impugned judgment the High Court held that the offences were clearly made out, and upheld convictions, but extended benefits of Section 360 of the Code taking note of the fact that the respondent-accused has remained in custody for about 22 days. It was held that bar relating to the applicability of Probation of Offenders Act, 1958 (in short the "Probation Act") was not operative in respect of offences under the Act though there was a prohibition under the Prevention of Corruption Act, 1947 (in short the old Act"). It was noted that the minimum sentence prescribed was one year. Purportedly taking into account the age, character, behaviour and the situation in which the offence was found committed, the respondent-accused was directed to be released on probation of good conduct instead of suffering sentence.