AMBI RAM versus STATE OF UTTARAKHAND

AMBI RAM versus STATE OF UTTARAKHAND

Special reasons including age, health, delay, jail already undergone, and long trauma justified reduction of jail sentence to period already undergone and enhancement of fine to Rs.10,000/- under proviso to s.5(2) Prevention of Corruption Act, 1947.

Parties
Appellant: Ambi Ram; Respondent: State of Uttarakhand
Jurisdiction
India
Judgment Date
05 February 2019
Procedural Posture
Criminal Appeal / Final Disposition on Appeal Against High Court Judgment
Outcome
Appeal partly allowed; order modified.
Legal Topics
Sentencing, Illegal Gratification, Imprisonment, Fine Reduction
Criminal Law Anti Corruption Law Sentencing Illegal Gratification Imprisonment Fine Reduction

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Parties

Ambi Ram

Appellant

State of Uttarakhand

Respondent

Procedural Posture

Criminal Appeal / Final Disposition on Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether special reasons existed to reduce the minimum prescribed jail sentence under s.5(2) of the Prevention of Corruption Act, 1947
  2. 2 Quantum of sentence and fine for conviction under s.5(2) of the Prevention of Corruption Act, 1947 read with s.161 Indian Penal Code

Ratio Decidendi

Special reasons including age, health, delay, jail already undergone, and long trauma justified reduction of jail sentence to period already undergone and enhancement of fine to Rs.10,000/- under proviso to s.5(2) Prevention of Corruption Act, 1947.

Court Disposition

Appeal partly allowed; order modified.

Orders

  • Jail sentence reduced to period already undergone by appellant, i.e., 1 month and 10 days.
  • Fine enhanced from Rs.3000/- to Rs.10,000/-.