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Supreme Court of India · 05/02/2019

AMBI RAM versus STATE OF UTTARAKHAND

[2019] 2 S.C.R. 656 · 2019 INSC 142

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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

  1. Whether special reasons justified reducing the appellant’s imprisonment below the statutory minimum under the 1947 Act.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 656.