LAW FOR ALL

the sentence should be reduced- the appellant has been suffering from number of ailments and there has been immense tragedy in his family life and, hence, the sentence should be reduced to the period already undergone.= Section 7 of the Act provides a punishment with imprisonment which shall not be less than six months which may extend to five years and liability to pay fine. Section 13(2) stipulates that a public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to pay fine. On reading of both the provisions, it is clear that minimum sentence is provided for the aforesaid offence. There is a purpose behind providing the minimum sentence. where the minimum sentence is provided, it is not appropriate to exercise jurisdiction under Article 142 of the Constitution of India to reduce the sentence on the ground of any mitigating factor as that would tantamount to supplanting the statutory mandate and further it would amount to ignoring the substantive statutory provision that prescribes minimum sentence for a criminal act relating to demand and acceptance of bribe. In view of the aforesaid analysis, we are unable to accept the submission of the learned counsel for the appellant to reduce the period of sentence to the period already undergone in custody. However, regard being had to the facts and circumstances of the case, the age of the accused and the ailments he has been suffering, which has been highlighted before us, we reduce the sentence of imprisonment imposed under Section 13(1)(d) read with Section 13(2) of the Act to one year and maintain the sentence under Section 7 of the Act. The imposition of sentence of fine on both the scores remains undisturbed. 45. With the aforesaid modification in the sentence, the appeal stands disposed of.