Summary
The proviso to Section 5(2) of the Prevention of Corruption Act, 1947 permitted imprisonment below one year for special reasons recorded in writing. The cumulative circumstances of a 34-year-old prosecution, the appellant’s advanced age and ill health, prolonged compliance with bail, the bribe amount and mental suffering justified reducing imprisonment to the period already undergone. Conviction was not challenged; the fine was enhanced.
Issues
- Whether special reasons justified reducing the appellant’s imprisonment below the statutory minimum under the 1947 Act.
Provisions considered
- Section 5(2) and proviso, Prevention of Corruption Act, 1947The provision required imprisonment and fine, but allowed imprisonment below one year for recorded special reasons; the cumulative circumstances satisfied that exception. (¶¶ 14–17, 20–22)
Held
- Sentencing required assessment of the circumstances of the particular case. The statutory proviso allowed a reduced prison term on recorded special reasons, while imposition of a fine remained mandatory. (¶ 14–19)
- The 1985 incident, 34 years of proceedings, age of about 78, heart ailment and poor health, one month and ten days already served, compliance with bail without further criminal activity, ₹1,200 bribe and prolonged mental suffering together constituted special reasons. (¶ 20–21)
- The conviction was not questioned. Imprisonment was reduced to one month and ten days already undergone and the fine increased from ₹3,000 to ₹10,000, with credit for any amount already paid. (¶¶ 10, 21–24)
Result
Appeal partly allowed; sentence modified to imprisonment already undergone and a ₹10,000 fine payable within three months, crediting ₹3,000 if already paid. Default entails one month’s simple imprisonment; no further substantive imprisonment required.