SANJAYKUMAR JAYANTILAL GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Indian Penal Code, 1960 - S. 161 -Prevention of Corruption Act, 1954 - S. 5(1)(d) and 5(2) - Public servant found guilty by trial court and sentenced to suffer R.I. for one year and to pay fine of Rs. 500/- - On facts the High Court reduced the sentence of imprisonment for one month but enhanced the fine to Rs.20,000/-.

(2.) This appeal is directed against the impugned judgment and order dated 10-4-1986, rendered in Special Case No. 3/84, by the learned Special Judge, Panchmahals at Godhra, wherein he on coming to be convicted for the alleged offences punishable under Section 161 of IPC and Section 5(l)(d) and 5(2) of the Prevention of Corruption Act, was sentenced to suffer RI for one year and to pay a fine of Rs. 500/-, and in default, to undergo further RI for one month, etc.

(3.) When this appeal was called out, Mr. A.J. Patel, the learned Advocate for the appellant after arguing the matter for a while, ultimately frankly submitted that he was not in a position to challenge the impugned order of conviction which was based on unassailable reasoning. However, he submitted that having regard to the facts and circumstances of the case, as narrated in detail in a separate affidavit of the appellant, the sentence of one year's RI being little too harsh and unjust, the same may be reconsidered and suitably modified, more particularly in view of the fact that the appellant who is present before the court offers his sincere heart-felt apology and repentance. Not only that, but he has also pleaded guilty to the charge and prayed for mercy more particularly in view of the pitiable fact that as he is unfortunately not blessed by the God in having a child, and if he is sent to jail for one year at this state of life after about 9 years of the order of conviction, his ailing wife would be rendered destitute for no fault of her.