Full Judgment
1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.
2. This is an appeal preferred by solitary appellant against his conviction for the offences under Section 409 and 161 of the Indian Penal Code and Section 5(2) read with Section 5(1)(a)(c)(d) of Prevention of Corruption Act, and sentenced to undergo rigorous imprisonment for one year and to pay a sum of Rs. 4000/-, in default further to undergo rigorous imprisonment for four months, the sentences are to run concurrently, as awarded on 30th June 1994, by learned Special Judge (Vigilance), South Bihar, Patna, in connection with Special Case No. 24/85.
3. After some arguments, learned counsel for the appellant chosen not to challenge conviction of the appellant, but confined her submissions on the point of sentence, mainly on the ground of age of the appellant who is now aged about 75 years suffered detention for about 2 months besides mental agony, financial losses etc. for the last about 45 years in this case of the year 1969 for allegedly taking a sum of Rs. 110/- for which he was not authorized.
4. Learned Additional Public Prosecutor while conceding the prayer submitted that some enhancement of fine if sentence, as prayed, is reduced as undergone.
5. Having regard to the facts and circumstances as stated above, subject to deposit of Rs. 5100/- (five thousand one hundred) within three months, the sentence awarded to the appellant is reduced as undergone.
6. With the above conditional modification in sentence, the appeal is hereby dismissed.
7. Let a copy of this judgment be at once transmitted to the court below through FAX for needfuls at the cost of appellant.
8. Let the lower court records be sent back to the court below forthwith.