Reduction of imprisonment sentence on humanitarian grounds:SC

The learnt counsel the Supreme Court considering the fact and circumstances of the case and considering that out of two years sentence imposed by the learned Special Court the appellant has already undergone one year and one month imprisonment appellant is senior citizen aged 70 years and he is already dismissed from service. The Court is of the opinion that the ends of justice if the sentence of the two years rigorous imprisonment as imposed by the learned Special Court. (Para 6)

S.Sundara Kumar V State Represented by the Inspector of Police, Vigilance and Anticorruption, Thoothukudi District, Tamil Nadu

Criminal Appeal No. 5832 OF 2021

January 13, 2021

The Hon’ble Supreme Court justice Ashok Bhushan, R. Subhash Reddy, M.R. Shah decided the appeal by the appellant, who is dissatisfied with the impugned judgment and order passed by the Madurai Bench of the Madras High Court has dismissed the appeal preferred by the appellant.

The accused has been convicted under Section 7, 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 of two Rigorous Imprisonment and Rs. Five Thousand fine. The present appeal is to reduce the rigorous imprisonment.

The counsel appearing on behalf of the appellant - the appellant has undergone approximately one year and one month rigorous imprisonment. It is submitted that the accused appellant is already dismissed from service on being convinced for the offences under the prevention of corruption act. It is submitted that the appellant is a senior citizen age above 70 years. It is prayed to reduce the sentence imposed by the learnt special Court, confirmed by the High Court to the sentence already undergone.

The Counsel appearing on behalf of the respondent - The State has opposed the prayer and submitted that the appellant has been convicted for the offences under the prevention of corruption act and therefore no leniency maybe shown in favour of the accused.

After considering the statements made by the learnt counsel the Supreme Court considering the fact and circumstances of the case and considering that out of two years sentence imposed by the learned Special Court the appellant has already undergone one year and one month imprisonment appellant is senior citizen aged 70 years and he is already dismissed from service. The Court is of the opinion that the ends of justice if the sentence of the two years rigorous imprisonment as imposed by the learned Special Court. (Para 6)

The appeal is partly allowed. The judgement and order passed by the learned Special Court of the sentence of two years rigorous imprisonment under section 7, 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988, which is confirmed by the High Court, Is reduced to one year and one - month rigorous imprisonment, the order of fine is not upset. The appellant is released on completion of one year and one - month rigorous imprisonment.

View/Download Judgment: S.Sundara Kumar V State Represented by the Inspector of Police, Vigilance and Anticorruption, Thoothukudi District, Tamil Nadu

Shantha Gopika R