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2018 DIGILAW 110 (SC)

K. MANI v. INSPECTOR OF POLICE, SPECIAL CBI, KOCHI

2018-01-19

R.BANUMATHI, RANJAN GOGOI

body2018
ORDER 1. We have heard the learned counsels for the parties. 2. Leave granted. 3. Limited notice was issued by this Court on 10th March, 2017 confined to the question of quantum of sentence. The accused appellant, who has been convicted under Section 7, 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 read with Section 120B of the Indian Penal Code, 1860, has been sentenced to undergo rigorous imprisonment for three years on each count. Both the sentences were, however, directed to run concurrently. 4. The incident is of the year 1995. The accused by efflux of time is now aged about 66 years. The co-accused has been sentenced to undergo rigorous imprisonment for one year. 5. Taking into account the long efflux of time and the age of the accused appellant we are of the view that the ends of justice would be met if we alter the sentence of imprisonment imposed on the accused appellant to a period of one year. We order accordingly. The accused be released from custody if he has undergone the sentence as above (i.e. one year), as directed by the present order. 6. The appeal is disposed of subject to the modification as indicated above.