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| HC reduces sentence to half | | 12 years sentence after 21 years trial | | EARLY TIMES REPORT
JAMMU, Sept 25: Justice Nirmal Singh of J&K High Court Jammu wing today reduced the sentence of convict salesman of Food and Supplies Department, who was facing investigation and trial from the last 21 years.
In an appeal filed by the convict Ashok Sharma, who was working as salesman at Batote depot of food and supplies in the year 1983 to 1985, misappropriated food grains and empty bags to the tune of Rs more than 1, 93, 000 and was convicted and sentenced by the Special Judge Anticorruption Jammu on September 30, 1997. The accused Ashok Sharma was sentenced to undergo for five years RI and fine of Rs 2 lakhs under Prevention of Corruption Act and seven years imprisonment u/s 409 RPC and fine Rs 10,000. Aggrieved by the judgment of Trial Court, convict filed this appeal, during the period of appeal the high court suspended the sentence and granted bail to the convict.
Justice Nirmal Singh, after hearing both the sides and also going through the record, observed that after scanning the entire evidence of the prosecution, it has proved that the appellant was entrusted Sugar, Atta, Rice and empty bags and in his capacity as a public servant, which he misappropriated. The special Judge Anticorruption Jammu appreciating the evidence of the prosecution has rightly convicted the appellant and on the question of sentence, Court said that the case was registered in the year 1987; trial came to be concluded in the year 1997. This appeal is pending since 1997, during this period; the appellant has suffered a lot. Taking into consideration all the facts and circumstances of the case, Court modified the sentence imposed by the Trial Court under PC Act reduced from five years to two years RI and u/s 409 RPC reduced from seven years to four years RI. Both the sentences shall run concurrently. So far as fine under both the sections is concerned it shall remain intact. The appellant who was on bail shall stand cancelled. The court ordered that he be taken into custody for undergoing remaining period of sentence. |
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