TEJ BHAN GULATI Vs. STATE

JUDGEMENT

(1.) THE appellant was Inspector in the Income Tax Department. On September 15, 1973 he was caught red-handed accepting illegal gratification of Rs. 300/-. Consequently, he was tried. The trial lasted till February, 1977 when he was convicted and sentenced under Section 161 of the Indian Penal Code and under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The sentence awarded was 15 months R.I. besides fine of Rs. 500/-. Feeling dissatisfied, he preferred this appeal which was admitted as far back as on March 9, 1977.

(2.) THE learned counsel for the appellant has not challenged the conviction and rightly so as the case stands fully proved from the evidence on the record. However, it is on the point of sentence that Mr. Lekhi has addressed arguments.

(3.) IN the present case the occurrence is of the year 1973. More than twenty two years have already passed by and during all this period the appellant must have felt being roasted on slow fire. I feel he should not be made to suffer any further, more so when he has already lost his job and has a family to support. I am told that the appellant had remained in custody for some time. Under the circumstances, while confirming the conviction I reduce the sentence of imprisonment to the period already undergone. However, the sentence of fine with default clause is maintained. Subject to the modification of above sentence, the appeal is dismissed. Appeal dismissed.