Escolar Documentos
Profissional Documentos
Cultura Documentos
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1264 OF 2015
(ARISING OUT OF SLP (Crl.) NO. 444 OF 2015)
K.P. SINGH
APPELLANT
Vs.
RESPONDENT
O R D E R
V.GOPALA GOWDA, J.
Leave granted.
2.
conviction
offence
against
punishable
Prevention
of
the
under
Corruption
appellant
Section
Act,
1988
for
the
of
the
(hereinafter
-2-
default
sentence
re-appreciation
witnesses
of
no.6,
of
evidence
of
and
and
13
months
the
after
prosecution
accepted
their
him
in
exercise
of
its
appellate
by
appellant
the
learned
before
counsel
this
Court
on
behalf
of
questioning
the
the
subject
to
the
condition
that
the
Page2
-3-
Court
and
the
High
Court
have
erred
in
evidence
failed
to
acquitted
on
record
and
that
prove
the
guilt
from
the
charges,
the
against
prosecution
her.
which
She
order
was
has
that
recording
the
courts
finding
of
below
guilt
have
erred
in
the
charge
as
on
the
Special
Judge
and
did
not
consider
the
Page3
-4-
It
is
further
contended
by
Mr.
Radha
Shyam
involvement
of
someone
other
than
the
Page4
-5-
5.
We
have
heard
the
learned
counsel
for
the
in
and
its
reasons
recorded
judgment
after
by
the
appellate
re-appreciation
of
We
have
carefully
examined
the
impugned
Page5
-6-
prosecution
against
servant.
the
had
failed
accused
Further,
No.
2,
pursuant
to
prove
who
to
the
charge
the
public
order
dated
is
our
High
Court.
circumstances
Having
of
the
regard
case,
to
the
affirmed by
facts
particularly
in
and
the
whom
the
charges
were
levelled
under
Page6
-7-
appellant
be
treated
as
the
sentence
to
be
of
this
extent
the
impugned
order
of
of
sentence,
Superintendent
release
the
of
we
Central
appellant
direct
Jail,
forthwith
Tihar
from
the
to
the
Page7
-8-
J.
[T.S. THAKUR]
J.
[V. GOPALA GOWDA]
New Delhi,
September 28, 2015
Page8
-9-
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1264 OF 2015
(Arising out of SLP (Crl.) No. 444 of 2015)
K.P. Singh
Appellant
Versus
Respondent
ORDER
T.S. Thakur, J.
1.
Page9
-10-
What is
convicted
the
appellant
for
the
offences
to
the
appellant
in
the
peculiar
facts
and
Page10
-11-
3.
legal
proceedings,
the
age
of
the
accused,
his
Page11
-12-
SCC 85, the accused was convicted under Section 5(2) read
with Section 5(1)(d) of the Prevention of Corruption Act,
1947 and under Section 161 of I.P.C and was sentenced to
undergo rigorous imprisonment for a period of 1 year and 4
months. On appeal, this Court while reducing the punishment
to the period already undergone, laid down the general
principles that are to be borne in mind by the Courts while
determining
the
quantum
of
punishment.
This
Court
observed:
Page12
-13-
Page13
-14-
job and to earn a living for himself and for his family
members and for those dependent on him, we feel
that it would meet the ends of justice if we reduce the
sentence of imprisonment to that already undergone
but increase the sentence of fine from Rs. 200/- to
Rs. 400/-. Period of imprisonment in case of default
will remain the same.
5.
Page14
-15-
6.
7.
Page15
-16-
punishment
of
the
accused
to
two
months
rigorous
8.
-17-
Section
5(2)
read
with
Section
5(1)(d)
of
the
9.
-18-
Page18
-19-
xxx
xxx
Page19
-20-
sentenced
by
the
trial
court
to
undergo
rigorous
Page20
-21-
12. Given the fact that the trial and appeal proceedings
have in the case at hand continued for nearly 17 years by
now
causing immense
anguish to the appellant and also given the fact that the bribe
amount was just about Rs.700/- and that the appellant has
already
undergone
months
against
the
statutory
....J.
(T.S. Thakur)
New Delhi
September 28, 2015
Page21