Deciding Authority: Supreme Court of India
Name of the Judges: Justice Harjit Singh Bedi, Justice Chandramauli Kr. Prasad
Date of Judgment: 18 August 2010
Facts of the Case: The appellant was convicted for an offence punishable under Section 161 of the Indian Penal code and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 947. The trial court vide its judgment dated 5th January 1990 acquitted the accused. An appeal was thereafter taken by the State of Maharashtra to the High Court and the High Court by its judgment dated 26th March, 2003 reversed the judgment of acquittal and convicted the accused under Section 161 of the Indian Penal Code and ordered him to pay a fine of Rs. 2000/- and in default to suffer one month rigorous imprisonment and a sentence of three months rigorous imprisonment for the offence under Section 5(1)d and 5(2) of the Prevention of Corruption Act and to pay a fine of Rs. 2,000/- and in default of payment to suffer rigorous imprisonment for one month. Aggrieved by the order of conviction the appellant is before the Supreme Court in the present appeal by way of special leave.
Judgment: The Court heard the learned counsel for the parties. The Court found that the Special Judge had rendered a somewhat confused judgment acquitting the appellant without discussing the ocular evidence and the documents on record. The High Court had on the contrary discussed the evidence denovo as the Special Judge had not done his job properly and on consideration of the evidence, had reversed the judgment of the Special Judge.
Decision: The Court did not incline to interfere in the appellant’s conviction. However, keeping in view the fact that the incident had happened in the year 1985 and the litigation had gone on for more than 25 years and in the light of the judgment of this Court in Dharam Vir v. State of U.P. reported in 1994 Suppl. (1) SCC 100, the Court reduce the sentence of imprisonment to that already undergone by the appellant. Bail bonds stood discharged. The appeal was allowed to the above extent.
By: Roopali Mohan, 2nd Year, Vivekananda Institute of Professional Studies, New Delhi
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