- (1.) The appellant has filed the instant appeal against the judgemerit dated 31.07,2006 passed by the Special Judge, CBI Judge-cum-Additional Sessions Judge- 13, Dhanbad, in R. C. Case No. 7A/90D whereby the learned Special Judge convicted the appellant for the offence under Section 7 and Section 13(l)(d) read with Section 13(2) of the Prevention of Corruption Act and has sentenced him to undergo R.I. for six months and to pay a fine of Rs. 500/- and in default, to undergo R.I. for one month for the offence under Section 7 of the Act and one year and to pay a fine of Rs. 500/-, in default, to undergo R.I. for two months for the offence under Section 13 (2) of the Act.
(2.) The learned counsel for the appellant, Mr. Sahani, has submitted that he is not going to challenge the conviction. He has confined his argument only on the point of sentence and he has also submitted that the appellant has sufficiently been punished for the offence which he has committed by undergoing the protracted trial for more than two decades as the occurrence took place on May, 1990. He has further submitted that the trial was pending and ultimately, the judgment was delivered in July, 2006. Thereafter, the present appeal is also pending before this Court from August, 2006 till date and the appellant has already remained in custody for two and half months and the appellant has already lost his job. He has further submitted that now the appellant is more than 63 years old. Therefore, considering the circumstances, the sentence awarded to the appellant may be suitably reduced.
(3.) Mr. Sahani has further submitted that the appellant was in the service under the Indian Army for 18 years before joining in BCCL and he had a very good service record in his service tenure under the Indian Army. It is also submitted that the appellant has to maintain his old parents and wife and also his other family members.;