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Head Note
Indian Penal Code,1860 - Section 161-165-A , Section 224 , Section 395 , Section 411 , Section 467 , Section 471 , Prevention of Corruption Act,1988 - Section 5 (1) , (2)
Prevention of Corruption Act, 1988 - Illegal gratification - Conviction - Sustainability - Case was registered against accused/appellant u/s. 161 of IPC and u/ss. 5(1)(d) r/w s. 5(2) of the Act - Trial Court passed conviction order - On appeal before HC - HC declined to interfere with conviction order and dismissed the appeal - Hence instant appeal - Appellant was aged 76 - Appellant was otherwise not keeping in good health, having had also cardio vascular problems - Offence was of the year 1984 - It was almost three decades - Appellant already undergone physical incarceration for three months and mental incarceration for about thirty years - Facts mentioned above would certainly be special reasons for reducing substantive sentence but enhancing fine, while maintaining conviction - Substantive sentence of imprisonment was reduced to period already undergone - However, amount of Rs. 50,000/- was imposed as fine - Appeal partly allowed.
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