2. This criminal appeal by the appellant-convict is directed against judgment and order dated 4th August, 2010 of the Madras High Court, Madurai Bench, in Criminal Appeal No. 1750 of 2003, whereby the High Court confirmed judgment and order delivered by the Special Judge, Central Bureau of Investigation (for short “CBI”), Madurai in Criminal Case No. 2 of 2003 dated 5th November, 2003, convicting the appellant for the offences under Section 7, Section 13(2) read section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentencing her to undergo rigorous imprisonment for 6 months and with fine of ₹1000/- with default clause in respect of the offence under Section 7, to undergo rigorous imprisonment for one year and with fine of ₹ 1000/- with default clause for the offence under Section 13(2) read with Section 13(1)(d) of the said Act.
3. The appellant had been serving as an Inspector of Central Excise. The complainant (PW-2) who was a supervisor at Parani Match Factory at Sengamalapatti of Sivakasi Taluka, made an application for grant of fresh central excise registration certificate for its factory. The application was to be dealt within the Thiruthangal – II Range which was under the jurisdiction of the appellantaccused. It was the case of the prosecution that on 16.09.2002 the appellant demanded illegal gratification of a sum of ₹300/-. The complainant did not pay the bribe amount although was pressurised and threatened. For want of payment of said amount by the complainant, delayed release of the certificate. It led to lodging of the complaint on 21.09.2002.
3.1 The Competent Authority – Commissioner of Central Excise and Customs (PW-1), Thiruthangal – II Range granted sanction to prosecute the appellant on 26.03.2003. The charge-sheet came to be filed on 07.05.2003. At the end of the trial, Special Judge, CBI convicted and sentenced the appellant as above, which was upheld by the High Court.
Hearing for reduction of sentence
4. In course of hearing today, learned advocate for the appellant stated before the Court upon instructions from the appellant that he gives up the challenge to the conviction recorded against the appellant and that confines the appeal in respect of the sentence part only. He requested the court for reduction of the sentence to further submit that the period of sentence already undergone may be treated as adequate sentence while maintaining the conviction. He submitted that the complaint was filed as back as on 23.09.2002 and 23 years have passed by since the occurrence of the incident where appellant-lady was alleged to have asked for the illegal gratification of ₹300/-.
5. In M.W. Mohiuddin vs. State of Maharashtra, [(1995) 3 SCC 567] this Court maintained the conviction of the appellant for the offences under Section 13(1)(d) read with Section 13(2) and Section 7 of the Prevention of Corruption Act, however in the final analysis, reduced the sentence noticing that the offence had taken place in the year 1981. The Court observed,
“….. All these years the appellant has undergone the agony of criminal proceedings uptil now and he has also lost his job and has a large family to support. It is also stated that he has become sick and infirm. He has been in jail for some time. For all these special reasons, while confirming the conviction of the appellant, we reduce the sentence of imprisonment to the period already undergone. However, we confirm the sentence of fine with default clause…..” (Para 10)
6. The conviction and sentence have their respective realms. While the conviction would be recorded on the basis of evidence adduced before the Court which would establish the implication of the accused in the offence, the guilty person or the convicted when to be awarded a sentence, a host of factors would operate to govern.
6.1 In determining the final sentence and the nature thereof, variety of factors that would operate would include the intervening time between the commission of offence and the actual award of the sentence, age of the accused, the stress which he or she might have suffered because of passage of time during each case has remained pending and undecided, the family circumstance and such other factors, without becoming exhaustive.
7. The process of sentencing by the courts is guided by theories such as punitive, deterrent or reformative. Each school of thought has its own object and purpose to explain awarding of sentence and its utility. Amongst these theories, reformative approach has become increasingly acceptable to the modern jurisprudence. Reformation is something always considered progressive. When there are mitigating circumstances, the court would lean towards reducing of the sentence. The focus would be on the crime, and not on the criminal. The society and system would nurture the guilt with positivity, while selecting the sentence.
Reduced the sentence of appellant already underwent imprisonment for 31 years
8. In light of the above principles guiding the sentencing process, the submission of learned advocate for the appellant could be countenanced that in the case on hand the incident had taken place on 23.09.2002. Since then, more than two decades have passed by. The appellant underwent imprisonment for 31 days. The appellant is a widow lady. It was stated that she is now 75 years of age. The appellant has been staying alone, the husband having died, stated her learned counsel. She belongs to scheduled caste and has been spending her life negotiating all hardships.
9. The prolongation of a criminal case for an unreasonable period is in itself a kind of suffering. It amounts to mental incarceration for the person facing such proceedings. For a person who is convicted and who has appealed against his or her conviction and sentence and who everyday awaits the fate of litigation, spends time in distress. In the present-day system of administration of justice, in which proceedings have often go on protracted unreasonably and therefore unbearably, the passage of long time itself makes the person suffer a mental agony.
Conclusion
10.1 The sentence awarded to the appellant is accordingly reduced to the actual undergone. At the same time the imposition of fine is required to be increased. The appellant shall be liable to pay fine of ₹25,000/- over and above originally imposed. The amount of fine shall be paid on or before 10th September, 2025.
11. The appeal is thus dismissed of by confirming the conviction of the appellant, however by modifying the sentence which is awarded as above. It is provided that if the appellant fails to pay the amount of fine as directed above within the stipulated time, the original order of sentence shall revive and operate rendering the appellant liable to surrender before the authorities concerned.
Party
K. Pounammal versus State by Inspector of Police – Criminal Appeal No. 1716 of 2011 – 2025 INSC 1014 – August 21, 2025 Hon’ble Mr. Justice N.V. Anjaria and Hon’ble Mr. Justice Atul S. Chandurkar.
