Del HC | Imprisonment awarded under PC Act reduced considering the minimum sentence provided at the time of commission of offence

Delhi High Court: Sunil Gaur, J., reduced the sentence of imprisonment awarded to the appellant for the offences under Section 7 and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.

The appellant was held guilty by the trial court of receiving a bribe of Rs 25,000 while he was working as Assistant General Manager (Administration), East Zone, Delhi in MTNL. He was found guilty of taking the bribe for releasing a security deposit of around Rs 7 lakhs in favour of the complainant Company. The trial court sentenced him to rigorous imprisonment of 3 years and a fine of Rs 25,000 for the offence under Section 7. He was awarded another sentence of rigorous imprisonment of 3 years and a fine of Rs 25,000 for the offence under Section 13(1)(d) read with Section 13(2).

Aditya V. Singh, Advocate for the appellant did not challenge his conviction. He, however, prayed for reduction of sentence. It was submitted that the appellant was aged 64 years and he had to look after his ailing wife aged 63 years along with his mid-aged widowed sister who was living with him.

Upon perusal of the matter, the High Court reduced the sentence awarded to appellant to the period already undergone by him while enhancing the fine imposed from Rs 25,000 to Rs 50,000 on both counts. Considering the minimum sentence as provided under the relevant sections at the time when the offence was committed, the Court stated, under the relevant sections at the time when the offence was committed, the court stated, “sentence of more than one year already undergone by appellant will meet the ends of justice, as the minimum sentence of one year was provided by law, when the offence in question was committed by appellant.” The appeal was disposed of in the manner stated above. [Mangal Singh Arya v. State, 2019 SCC OnLine Del 7456, Order dated 28-02-2019]

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