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The Jharkhand High Court has reduced the sentence imposed on a man in a 1993 corruption case involving a demand of ₹300 for processing the provident fund dues of the complainant, taking note of the fact that he had faced the “agony of the trial” for three decades.

A Single Judge Bench of Pradeep Kumar Srivastava, while considering the quantum of sentence under Section 7 of the Prevention of Corruption Act, observed that although the provision prescribed a minimum sentence of six months, the appellant had already undergone one month and one day in custody and had been sufficiently punished in the facts of the case.

The case arose from an allegation that the appellant had demanded ₹300 from the complainant for processing his provident fund dues. The occurrence dated back to 1993. The appellant was subsequently prosecuted and convicted under the Prevention of Corruption Act.

While considering his appeal, the High Court separately examined the question of sentence after considering the circumstances surrounding the offence and the prolonged pendency of the proceedings. On the question of quantum, the Court noted the relatively small amount involved in the demand, the age of the prosecution and the absence of any previous criminal antecedent against the appellant.

It further took into account that the appellant's provisional bail had been confirmed subject to depositing ₹5,000, which he had paid. The Court recorded that he had paid ₹7,000 altogether, apart from having undergone one month and one day in custody. The Court observed:

“The occurrence is of the year 1993. The appellant has already undergone agony of the trial for a period of three decades and there is no previous criminal antecedent.”

Considering these circumstances cumulatively, the Court held that the appellant had already been sufficiently punished for the offence. Accordingly, the High Court reduced the sentence of imprisonment to the period already undergone by the appellant, i.e., one month and one day, along with the monetary component directed by the Court.

Case Title: Samir Kumar Choudhary v. State of Jharkhand through CBI

Case Number: Cr. Appeal (S.J.) No. 314 of 2005

Appearance:

For the Appellant: Mr. A.K. Kashyap, Sr. Advocate; Ms. Lina Shakti, Advocate

For the CBI: Mr. Deepak Kumar Bharti, Advocate

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