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by Admin
05 December 2025 4:19 PM
“Criminal Litigation That Drags for 22 Years is Itself a Kind of Imprisonment”, In a compelling and human-centric judgment, the Supreme Court of India reduced the jail sentence of a 75-year-old widow, K. Pounammal, who had been convicted for accepting a ₹300 bribe more than two decades ago. While affirming the conviction under the Prevention of Corruption Act, the Bench of Justice N.V. Anjaria and Justice Atul S. Chandurkar invoked the principles of reformative justice, holding that “the prolongation of a criminal case for an unreasonable period is in itself a kind of suffering,” and that the appellant had already paid a mental and social price far heavier than the quantum of punishment initially imposed.
The Court observed with poignancy: “Sentencing must reflect not only the nature of the crime but also the journey of the convict—reform, hardship, and the scars of litigation must not be invisible to the law.”
Bribe of ₹300, Jail of One Year, and Litigation of 22 Years
The case dates back to the early 2000s when K. Pounammal, then an Inspector of Central Excise, was caught in a trap operation accepting a bribe of ₹300 from the supervisor of a match factory for processing an excise registration. Both hands tested positive for phenolphthalein, confirming bribe acceptance.
She was convicted by the Special Judge, CBI Court, Madurai on November 5, 2003, and sentenced to 1 year rigorous imprisonment under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. The Madras High Court upheld the conviction and sentence in 2010.
Before the Supreme Court, the appellant did not challenge the conviction, but pleaded for reduction of sentence, citing her advanced age, solitary widowhood, loss of employment, and unrelenting hardship caused by 22 years of litigation.
Court's Reflections on Delay and Reformative Sentencing
The Supreme Court acknowledged that while corruption must be punished, justice is not blind to time, age, and circumstance. It held:
“The appellant has already suffered the process of punishment by going through criminal litigation for more than two decades… This is nothing short of mental incarceration.”
The Court noted that she had already undergone 31 days in jail, and given her current age of 75, social background as a Scheduled Caste woman, and complete absence of family support, the sentence deserved reconsideration under reformative principles.
Relying on past judgments, the Court cited K.P. Singh v. State (NCT of Delhi), where a bribe of ₹138 was involved and the sentence was similarly modified, emphasizing that:
“The societal goal of reformation must guide the sentencing process—more so where the quantum of illegal gain is small, the duration of litigation long, and the personal suffering substantial.”
The Bench reinforced the jurisprudence that a delay of decades in securing justice alters the very complexion of punishment. Referring to B.G. Goswami v. Delhi Administration, the Court reiterated:
“The sentence should suit not only the crime but also the offender and the circumstances.”
Balancing Justice and Mercy: Sentence Modified, Conviction Upheld
While affirming the guilt of the appellant, the Court held that sending her back to jail would serve no purpose. It remarked:
“The object of sentencing is not only deterrence, but also reformation, and it cannot be served by crushing the convict when she has already walked through the fire of protracted criminal proceedings alone.”
The Court reduced her sentence to “the period already undergone”, i.e., 31 days, and enhanced the fine to ₹25,000, directing that failure to pay would revive the original sentence.
This judgment is a powerful expression of judicial sensitivity, not weakness. The Supreme Court has reaffirmed that age, prolonged trial, and personal hardship must be considered as relevant sentencing factors, especially in corruption cases involving petty amounts and first-time offenders.
The Court reminded the justice system that: “The object of punishment is not vengeance. When justice walks with compassion, the law does not falter—it ascends.”
Date of Decision: August 21, 2025