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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1127 OF 2015 (Arising out of S.L.P.(Criminal)No. 9363/2014)

NANHAKU RAM     … APPELLANT(s)

VERSUS

STATE OF JHARKHAND … RESPONDENT(s)

J U D G M E N T

Leave granted. 2. The conviction and sentence, as confirmed by the High Court of Ranchi in Criminal Appeal No. 426 of 2001, is under challenge. The appellant was convicted under Sections 7 and 13(1)(d) read with Section 2 of The Prevention of Corruption Act, 1988.  He was sentenced to undergo  rigorous  imprisonment  for  three  years  under Section 13(2) and for two years under Section 7 of The Prevention and Corruption Act, 1988 with fine. When the matter came up for hearing on 30.03.2015, Notice was issued, limiting the scope to the quantum of sentence. 3. Having regard to the fact that the incident is of the year 1992, the appellant is aged about 65 years

NON-REPORTABLE

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and  that  he  is  suffering from  very  serious ailments,  we  are  of  the  view  that  the  interest  of justice would be served if the punishment is limited to the  mandatory  minimum,  i.e.,  one  year  under  Section 13(2) and six months under Section 7, as they stood at the  relevant  time.  No  change  in  fine.  Ordered accordingly. 4. The  sentences  shall  run  concurrently.  The period already undergone shall be duly set off.  5. The appeal is allowed as above.

.............J.        (KURIAN JOSEPH)

.............J.       (ARUN MISHRA)

New Delhi; Date: 28.08.2015.

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