New Delhi, Sept 23: The Supreme Court today ruled that minimum sentence prescribed under law for criminal offences, including under Prevention of Corruption Act, cannot be reduced by courts even if the amount involved is meagre and the accused is likely to lose job on account of the conviction.
A bench of justices P Sathasivam and B S Chauhan said neither courts can reduce the sentence prescribed under the statute nor such power is vested even in the Supreme Court in terms of Article 142 which gives extraordinary powers to the apex court.
Article 142 empowers the Supreme Court to pass such “decree or order as may be necessary for doing complete justice between the parties”.
“In a case of corruption by a public servant, quantum of amount is immaterial. Ultimately, it depends upon the conduct of the delinquent and the proof regarding demand and acceptance established by the prosecution.
“Merely because the delinquent lost his job due to conviction under the Act may not be a mitigating circumstance for reduction of sentence, particularly, when the statute prescribes minimum sentence.
“Though Article 142 of the Constitution gives wider power to this Court, waiver of certain period as prescribed in the statute imposing lesser sentence than the minimum prescribed is not permissible, “Justice Sathasivam, writing the judgement, said.
The apex court passed the judgement while dismissing an appeal filed by A B Bhaskara Rao, a head clerk of Indian arrested by CBI for demanding and accepting a bribe of Rs 200 from a fellow employee for showing an official favour on November 14, 1997. PTI
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