Crl.A. No. 376 o 2006 1

  IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 376 OF 2006

ANANDA ..... APPELLANT

VERSUS

STATE OF MAHARASHTRA ..... RESPONDENT

O R D E R

1. We have heard learned counsel for the parties.

2. We are of the opinion that no fault can be found  

with the conviction of the appellant.  The chain of  

events  clearly  show  that  the  appellant  who  was  a  

Patwari  had  tried  to  extort  money  for  effecting  a  

mutation on the basis of a gift deed that had been  

presented  by  the  complainant,  P.W.1.   We,  however,  

feel that in the light of the fact that the appellant,  

as of today, is 72 years of age and the matter has  

been pending in one Court or the other since January,  

1987, and the prosecution is under the Prevention of  

Corruption Act, 1947 under which a discretion is left  

to the Court to impose a sentence of less than one  

year, we deem it appropriate in the facts of the case,  

to reduce the sentence awarded to the appellant under  

Section  5(1)(d)  read  with  Section  5(2)  of  the

Crl.A. No. 376 o 2006 2

Prevention of Corruption Act, 1947, Sections 161 and  

165 of the Indian Penal Code from one year to three  

months;  all  the  substantive  sentences  to  run  

concurrently. The appeal is dismissed with the above  

modification in the sentence.

...... ...................J      [HARJIT SINGH BEDI]

    .........................J      [CHANDRAMAULI KR. PRASAD]  

NEW DELHI, DECEMBER 14, 2010.