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Long trial would not justify punishment below minimum: SC
New Delhi, Nov 16: Holding that pendency of a case for a long time could not justify an imprisonment less than the minimum term mandated by an act, the Supreme Court has sentenced a 75-year-old retired government servant accused in a 1988 bribery case to an imprisonment for one year, the minimum for the offence under the Prevention of Corruption Act.
New Delhi, Nov 16: Holding that pendency of a case for a long time could not justify an imprisonment less than the minimum term mandated by an act, the Supreme Court has sentenced a 75-year-old retired government servant accused in a 1988 bribery case to an imprisonment for one year, the minimum for the offence under the Prevention of Corruption Act.
Observing that the sentence could be reduced below the minimum only when there were ''special reasons'', a division bench comprising Justice Doraiswamy Raju and Justice Arijit Pasayat said delay was a general feature in almost all convictions under the act and ''it is not a speciality of this particular case".
Noting that long pendency was due to a defect inherent in the implementation of the system, the bench refused to consider it a ''special reason'' in favour of former Andhra Pradesh weights and measures department assistant controller V Vasudeva Rao.
''We are afraid its fallout would afford incentive to public servants who are susceptible to corruption to indulge in such nefarious practices with immunity,'' the bench said.
On the legislature fixing a minimum punishment, the bench said such a legislative insistence was reflective of parliament's resolve to meet corruption cases with a very strong hand.
Discussing alternatives, the court said, ''Increasing the fine after reducing the imprisonment can also defeat the purpose as corrupt public servants could easily raise the fine amount through the same means.''
On the need for having deterrent punishments, the court said, ''The tentacles of corruption are spreading fast in the society corroding the moral fibre and consequently in most cases the economic structure of the country."
The Andhra government had moved the apex court after the Andhra Pradesh High Court had acquitted Rao setting aside the trial court order sentencing him to rigorous imprisonment of two years.
Setting aside the high court order, the Supreme Court held Rao guilty of accepting bribe while performing his duty as a public servant. It, however, reduced his sentence to the minimum one year considering the age of the accused. Bureau Report
Noting that long pendency was due to a defect inherent in the implementation of the system, the bench refused to consider it a ''special reason'' in favour of former Andhra Pradesh weights and measures department assistant controller V Vasudeva Rao.
''We are afraid its fallout would afford incentive to public servants who are susceptible to corruption to indulge in such nefarious practices with immunity,'' the bench said.
On the legislature fixing a minimum punishment, the bench said such a legislative insistence was reflective of parliament's resolve to meet corruption cases with a very strong hand.
Discussing alternatives, the court said, ''Increasing the fine after reducing the imprisonment can also defeat the purpose as corrupt public servants could easily raise the fine amount through the same means.''
On the need for having deterrent punishments, the court said, ''The tentacles of corruption are spreading fast in the society corroding the moral fibre and consequently in most cases the economic structure of the country."
The Andhra government had moved the apex court after the Andhra Pradesh High Court had acquitted Rao setting aside the trial court order sentencing him to rigorous imprisonment of two years.
Setting aside the high court order, the Supreme Court held Rao guilty of accepting bribe while performing his duty as a public servant. It, however, reduced his sentence to the minimum one year considering the age of the accused. Bureau Report