IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1483 OF 2011
ARISING OUT OF SLP (CRL.) NO. 3448 OF 2010
R.N. MITRAAPPELLANT
VERSUS
C.B.I., DEHRADUNRESPONDENT
O R D E R
1. Leave granted.
2. Notice had been issued in this case on 12th
November, 2010, restricted to the quantum of sentence
only.
3. The trial court awarded the following sentences to
the appellant:-
U/S Trial Court
420 IPC RI for 5 years
Fine Rs. 50,000/- and
RI for 2 years
Fine Rs. 1,000/- and
RI for 3 months
5(2) r/2 5(1)(d) RI for one year
of the Prevention Fine Rs. 10,000/- and of Corruption Act
RI for six months
4. The High Court by the impugned judgment maintained
the conviction of the appellant but reduced the sentence
in the following terms: U/S High Court 420 IPC RI for one year
Fine `10,000/- and RI for six months Fine `1,000/- and RI for one month
5(2) r/2 5(1)(d) RI for one year of the Prevention Fine `10,000/- and of Corruption Act
default of payment of fine RI for six months
5.It is also evident from the record that the incident pertains to the year 1979 and the trial, appeal and revisional proceedings have gone on for over 30 years. We, therefore, feel that these are special reasons as to why the sentences awarded to the appellant for the aforesaid offences should be reduced from one year to three months.
6.With this modification in the sentence, the appeal is dismissed. The appellant be taken into custody to serve out the remaining part of his sentence.
..................J [HARJIT SINGH BEDI] ...................J [GYAN SUDHA MISRA]
NEW DELHI JULY 22, 2011.