Sudam Hari Patil Vs. State of Maharashtra
EmailAppeal: Criminal Appeal No. 627 of 1993
(Arising out of S.L.P. (Crl.) No. 782 of 1993)
(Arising out of S.L.P. (Crl.) No. 782 of 1993)
Petitioner: Sudam Hari Patil
Respondent: State of Maharashtra
Apeal: Criminal Appeal No. 627 of 1993
(Arising out of S.L.P. (Crl.) No. 782 of 1993)
(Arising out of S.L.P. (Crl.) No. 782 of 1993)
Judges: K. JAYACHANDRA REDDY & G.N. RAY, JJ.
Date of Judgment: Oct 08, 1993
Head Note:
CRIMINAL LAW
Practice and Procedure
Sentence – Offence under Prevention of Corruption Act committed in 1984 – Appellant, who has a large family, lost job – While confirming conviction, sentence was reduced.
JUDGEMENT:
K. JAYACHANDRA REDDY, J.:
1. Special leave granted.
2. The appellant, who was working as an Extension Officer (Industries) with Thana Zila Parishad, was convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and sentenced to undergo one year’s R.I. and to pay a fine of Rs. 300/- in default of payment of which to further undergo three months’ R.I. He was also found guilty under Section 161 I.P.C. and sentenced to undergo one year’s R.I. and to pay a fine of Rs. 200/- in default of payment of which to further undergo R.I. for two months. The appeal preferred by him was dismissed by the High Court. Hence the present appeal.
3. According to the prosecution, he being a public servant, demanded a bribe for doing a favour of recommending the application of the complainant. A trap was laid and the tainted money was recovered and he was found guilty. Notice was issued by this Court limited to the question of sentence. The offence is said to have been committed in the year 1984. The appellant has lost his job and for all these years, he has undergone the agony of criminal proceedings. He has also a large family to support. He is now in jail. For all these special reasons, while confirimg the convictions, the sentence under each count is reduced to six month’s R.I. The sentences of fine with default clauses are, however, confirmed. Subject to this modification of sentence, the appeal is disposed of.
1. Special leave granted.
2. The appellant, who was working as an Extension Officer (Industries) with Thana Zila Parishad, was convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and sentenced to undergo one year’s R.I. and to pay a fine of Rs. 300/- in default of payment of which to further undergo three months’ R.I. He was also found guilty under Section 161 I.P.C. and sentenced to undergo one year’s R.I. and to pay a fine of Rs. 200/- in default of payment of which to further undergo R.I. for two months. The appeal preferred by him was dismissed by the High Court. Hence the present appeal.
3. According to the prosecution, he being a public servant, demanded a bribe for doing a favour of recommending the application of the complainant. A trap was laid and the tainted money was recovered and he was found guilty. Notice was issued by this Court limited to the question of sentence. The offence is said to have been committed in the year 1984. The appellant has lost his job and for all these years, he has undergone the agony of criminal proceedings. He has also a large family to support. He is now in jail. For all these special reasons, while confirimg the convictions, the sentence under each count is reduced to six month’s R.I. The sentences of fine with default clauses are, however, confirmed. Subject to this modification of sentence, the appeal is disposed of.
