JUDGMENT For allegedly causing wrongful gain to Y.P. Electronics alongwith L 65,022/- and in another transaction wrongful gain to Rakesh Kumar of L 40,000/- the appellant was convicted under Section 5(1)(d) read with 5(2) of the Prevention of Corruption Act, 1947 and sentenced to undergo imprisonment for four years. The appellant was also additionally convicted under Sections 420, 467, 468 and 471 of the IPC and sentenced to undergo imprisonment for three years in each of the offence. 2. By the order of this Court dated 23.03.2009, notice was issued limited to the question of sentence. 3. Mr. Nidhesh Gupta, learned senior counsel appearing for the appellant though advanced his arguments on the merits of the matter, mainly confined his submission to the quantum of sentence. Learned senior counsel submitted that the appellant is aged about 69 years. The diagnostics report of the appellant was also produced as per which the appellant is said to be suffering the following: (i) L5-S1 disc show focal annular tear, mild diffused and posterior disc bulge. (ii) Hypertrophy of bilateral ligamentum flavum and facet joints is seen at L3-4, L4-5 and L5-S1 levels. (iii) Cord ens at D12-L1 level. Distal end of cord and conus medullaris appears normal. No intraspinal mass is seen. 4. It is submitted that the appellant is totally bed-ridden and always he requires an attendant even for his day to day activities and also for his nature calls which is also stated to be in the bed itself. 5. Under Section 5(2) of the Prevention of Corruption Act, 1947, any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall be liable to fine. 6. The proviso to Section 5(2) of the Act provided that the Court may, "for any special reasons recorded in writing impose a sentence of imprisonment of less than one year". 7. In the present case, the occurrence is of the year 1981. 6. The proviso to Section 5(2) of the Act provided that the Court may, "for any special reasons recorded in writing impose a sentence of imprisonment of less than one year". 7. In the present case, the occurrence is of the year 1981. Having regard to the submissions of the learned senior counsel appearing for the appellant and the physical aliments of the appellant and also considering the fact that he is stated to be totally bed-ridden, we deem it appropriate that this would be a fit case to exercise court's discretion in terms of the proviso to Section 5(2) of the Prevention of Corruption Act, 1947. 8. The period of sentence of imprisonment of four years under Section 5(1)(d) read with 5(2) of the Prevention of Corruption Act and the offence under Sections 420, 467, 468 and 471 of the IPC is reduced to the period already undergone by the appellant additionally with fine amount of L 5,000/- for each of the offence (total L 25,000/-). 9. The appeal is partly allowed.