KISHAN SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed by the accused-appellant (for brevity "the appellant") against the judgment dtd. 18/4/1988 passed by the learned Special Judge, CBI Cases, Jaipur, Rajasthan (for brevity "the learned trial Court") in Special Criminal Case No.6/1985 whereby, while convicting him under Sec. 161 IPC and Ss. 5(1)(d) read with Sec. 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the Act of 1947"), he has been sentenced as under:-

(2.) The relevant facts in brief are that on a written compliant dtd. 31/10/1984 (Exhibit-P-1) filed by Shri Rajveer Singh, an FIR No.52/1984 (Exhibit-P-14) came to be registered against the appellant under Sec. 161 IPC and Ss. 5(1)(d) read with Sec. 5(2) of the Act of Act of 1947 wherein, it was alleged that for subjecting the complainant to medical examination for his regular appointment in the North Western Railway, Kota, the appellant demanded a sum of Rs.800.00 towards the illegal gratification. As per the prosecution case, the appellant was caught red-handed on 1/11/1984 accepting a bribe of Rs.500.00. After investigation, the investigating agency filed charge-sheet against the appellant under the aforesaid provisions. Vide order dtd. 22/7/1985, the learned trial Court framed charges against the appellant under Sec. 161 IPC and Ss. 5(1)(d) read with Sec. 5(2) of the Act of Act of 1947. After conducting trial, the appellant has been convicted and sentenced as stated hereinabove.

(3.) Learned counsel for the appellant submits, at the threshold, that he does not press this criminal appeal on its merit. He, however, submits that since, the appellant is aged about 76 years and is facing trauma of this criminal case for last about 39 years, while maintaining the conviction, the sentence awarded to him be modified. He submits that while waiving the substantive sentence, the fine may be enhanced suitably and appropriately. He, in support of his submissions, relies upon following judgments of a Coordinate Bench of this Court:-