SUPREME COURT OF INDIA

Before:- M.K. Mukherjee and Syed Shah Mohammed Quadri, JJ.

Criminal Appeal No. 888 of 1998 (arising out of S.L.P. (Cri.) No. 2130 of 1998). D/d. 31.8.1998.

Daula Ram - Appellant

Versus

State of Rajasthan - Respondent

Indian Penal Code, 1860, Section 161 - Prevention of Corruption Act, 1947, Sections 5(2) read with 5(1)(d) - Sentence - Reduction in sentence - Offence committed 20 years old - Accused served a substantial part of sentence - Considering these aspects sentence of one years reduced to already undergone.

[Para 2]

JUDGMENT

Leave granted limited to the question of sentence.

2. Having regard to the facts and circumstances of the case, particularly the facts that since the offence was committed more than 20 years have elapsed and that he has served a substantial part of the sentence we feel that justice will be sufficiently met if the substantive sentence of rigorous imprisonment for one year imposed upon the appellant for his conviction under Section 161 of the Indian Penal Code and under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 is reduced to the period already undergone; and we order accordingly. The sentence of fine and the imprisonment to be undergone in lieu of payment thereof will, however, stand. The appellant who is in jail may be released on payment of the fine (if not already paid) or, in default of payment thereof, on serving the sentence imposed for such default.

3. The appeal is thus disposed of.

Order accordingly.