Full Judgment Text
Crl.A. Of 2011 @ SLP(Crl) 3448 of 2010
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1483 OF 2011
ARISING OUT OF SLP (CRL.) NO. 3448 OF 2010
R.N. MITRA ..... APPELLANT
VERSUS
C.B.I., DEHRADUN ..... RESPONDENT
O R D E R
1. Leave granted.
th
2. Notice had been issued in this case on 12
November, 2010, restricted to the quantum of sentence
only.
3. The trial court awarded the following sentences to
the appellant:-
| U/S | Trial Court |
|---|---|
| 420 IPC | RI for 5 years<br>Fine Rs. 50,000/- and<br>in default of payment of fine<br>RI for 2 years |
| 471 r/w 468 IPC | RI for one year<br>Fine Rs. 1,000/- and<br>in default of payment of fine<br>RI for 3 months |
Crl.A. Of 2011 @ SLP(Crl) 3448 of 2010
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| 5(2) r/2 5(1)(d)<br>of the Prevention<br>of Corruption Act | RI for one year<br>Fine Rs. 10,000/- and<br>in default of payment of fine<br>RI for six months |
|---|
4. The High Court by the impugned judgment maintained
the conviction of the appellant but reduced the sentence
in the following terms:
| U/S | High Court |
|---|---|
| 420 IPC | RI for one year<br>Fine `10,000/- and<br>in default of payment of fine<br>RI for six months |
| 471 r/w 468 IPC | RI for one year<br>Fine `1,000/- and<br>in default of payment of fine<br>RI for one month |
| 5(2) r/2 5(1)(d)<br>of the Prevention<br>of Corruption Act | RI for one year<br>Fine `10,000/- and<br>default of payment of fine<br>RI for six months |
5. It is also evident from the record that the
incident pertains to the year 1979 and the trial, appeal
and revisional proceedings have gone on for over 30
years. We, therefore, feel that these are special
reasons as to why the sentences awarded to the appellant
for the aforesaid offences should be reduced from one
year to three months.
Crl.A. Of 2011 @ SLP(Crl) 3448 of 2010
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6. With this modification in the sentence, the appeal
is dismissed. The appellant be taken into custody to
serve out the remaining part of his sentence.
..................J
[HARJIT SINGH BEDI]
...................J
[GYAN SUDHA MISRA]
NEW DELHI
JULY 22, 2011.