AI Structured Summary
Not yet generated for this judgment
Judgment
G.B. Pattanaik and U.C. Banerjee, JJ.—Leave granted.
Heard the learned Counsel for the Appellant and the learned Additional Solicitor General for the Respondent.
The Appellant has been convicted u/s 5(2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947 (for short 'the Act') and sentenced to imprisonment for one year and a fine of Rs. 600.
The gravamen of the charge is that he purchased some books and obtained some commission which, according to the prosecution, he misappropriated. The circumstances reveal that he, in fact, wanted to deposit the commission obtained by him after deducting his travelling expenses, but the cashier refused to allow him to deposit on the ground that his superiors have directed otherwise.
Having regard to the facts and circumstances of the present case, we think it appropriate that the case where the Court should exercise powers under the proviso to Section 5 (2) of the Act. Therefore, while upholding the conviction of the Appellant, we direct that sentence awarded to him be reduced to the period already undergone.
The appeals stand disposed of accordingly.