RAJENDRA SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellant has filed the instant appeal against the judgment dated 31.7.2006 passed by the Special Judge, CBI Judge -cum -Additional Sessions Judge -13, Dhanbad, in R.C. Case No. 7A/90D whereby the learned Special Judge convicted the appellant for the offence under Section 7 and Section 13(1)( d) read with Section 13(2) of the Prevention of Corruption Act and has sentenced him to undergo R.I. for six months and to pay a fine of Rs.500/ - and in default, to undergo R.I. for one month for the offence under Section 7 of the Act and one year and to pay a fine of Rs.500/ -, in default, to undergo R.I. for two months for the offence under Section 13(2) of the Act.

(2.) THE learned counsel for the appellant, Mr. Sahani, has submitted that he is not going to challenge the conviction. He has confined his, argument only on the point of sentence and he has also submitted that the appellant has sufficiently been punished for the offence which he has committed by undergone the protracted trial for more than two decades as the occurrence took place on May, 1990. He has further submitted that the trial was pending and ultimately, the judgment was delivered in July, 2006. Thereafter, the present appeal is also pending before this Court from August, 2006 till date and the appellant has already remained in custody for two and half months and the appellant has already lost his job. He has further submitted that now the appellant is more than 63 years old. Therefore, considering the circumstances, the sentence awarded to the appellant may be suitably reduced.

(3.) THE minimum sentence provided under the aforesaid sections has been awarded to the appellant. But the appellant is aged about more than 63 years and the case of the prosecution against him is that the appellant has accepted Rs.250/ - only as bribe and the same was recovered from his possession for which he has already undergone the ordeal of protracted trial for more than 16 years and he has lost his job also. Furthermore, the appellant had a good service records when he was under the service of Indian Army. 2007(1) JLJR 14] Krishna Bihari Singh vs. State of Jharkhand (Through ,CBI) in which it is held: - 7. "Though the minimum sentence provided under the aforesaid sections has been awarded to the appellant, but in my view, since the appellant is aged more than 60 years and against him the case of the prosecution was that he accepted As. 10/ - only as bribe, which was recovered from his possession and for which has has already undergone the ordeal of protracted trial for about 15 years, the ends of justice would be met if the sentence of imprisonment, awarded to the appellant, is reduced to the period already undergone by him." 6. Considering all the aforesaid aspects, in my view, the ends of justice will be met, if the sentence of punishment awarded to the appellant is reduced to the period already undergone by him. Therefore, I reduce the sentence awarded to the period already undergone by him and the amount of fine i.e. As. 1000/ - in total which has already been deposited by the appellant as stated by the learned counsel appearing for the appellant. The Appellant, who is on bail, is discharged from the liability of his bail bond.