Summary
On an application to modify its earlier judgment, the Supreme Court corrected the description of accused No.2 as a government servant. He was not one, but the recovery of bribe currency and anthracene traces supported conviction under the historical section 8 of the Prevention of Corruption Act. The earlier public-servant convictions were substituted and the one-year sentence reduced to six months.
Issues
- What modification of conviction and sentence followed from correcting accused No.2’s status as a person who was not a government servant.
Provisions considered
- Section 8, historical provision applied in this order, Prevention of Corruption Act, 1988The Court held its ingredients established on the stated recovery facts and substituted this conviction for the earlier convictions under sections 7 and 13(1)(d) read with 13(2). (¶ Unnumbered order)
Held
- The earlier judgment incorrectly described accused No.2, respondent No.1, as a government servant. The order corrected that factual premise. (¶ Unnumbered order)
- Bribe currency had been recovered from this accused and anthracene powder traces were detected in his shirt pocket. The Court found section 8 established on those facts and modified the conviction accordingly. (¶ Unnumbered order)
- The one-year sentence was reduced to six months, and the earlier judgment was directed to stand modified. (¶ Unnumbered order)
Result
Earlier judgment modified as to accused No.2/respondent No.1: conviction substituted under section 8 and sentence reduced from one year to six months.