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Judgment
Leave granted.
Notice had been issued in this case on 12th November, 2010, restricted to the quantum of sentence only.
The trial court awarded the following sentences to the Appellant:
U/S
Trial Court
420 IPC
RI for 5 years Fine Rs. 50,000/- and in default of payment of fine RI for 2 years
471 r/w 468 IPC
RI for one year Fine Rs. 1,000/- and in default of payment of fine RI for 3 months
5(2) r/2 5(1)(d) of the Prevention of Corruption Act
RI for one year Fine Rs. 10,000/- and in default of payment of fine RI for six months
The High Court by the impugned judgment maintained the conviction of the Appellant but reduced the sentence in the following terms:
U/S
High Court
420 IPC
RI for one year Fine Rs. 10,000/- and in default of payment of fine RI for six months
471 r/w 468 IPC
RI for one year Fine Rs. 1,000/- and in default of payment of fine RI for one month
5(2) r/2 5(1)(d) of the Prevention of Corruption Act
RI for one year Fine Rs. 10,000/- and default of payment of fine RI for six months
It is also evident from the record that the incident pertains to the year 1979 and the trial, appeal and revisional proceedings have gone on for over 30 years. We, therefore, feel that these are special reasons as to why the sentences awarded to the Appellant for the aforesaid offences should be reduced from one year to three months.
With this modification in the sentence, the appeal is dismissed. The Appellant be taken into custody to serve out the remaining part of his sentence.