JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The only question raised in this appeal is whether the High Court of Delhi acted within the framework of law in exercising power available under Section 433 (c) of the Code of Criminal Procedure, 1973 (for short Code ).

3. Factual position giving rise to the appeal is as follows:

Respondent (also described as accused ) was prosecuted for alleged commission of offence punishable under Section 7, and Section (13)(1)(d) punishable in terms of Section 13 (2) of the Prevention of Corruption Act, 1988 (for short the Act ). The respondent was found guilty by Additional Sessions Judge, Delhi and was sentenced to undergo rigorous imprisonment for two years relating to offence under Section 7 with fine of Rs. 500/-. He was further sentenced under Section 13(2) to undergo imprisonment for 3 and 1/2 years with fine of Rs. 1,000/-. Both the sentences were directed to run concurrently. The matter was carried in appeal by the respondent-accused before the High Court. The order of conviction was not challenged at the time of hearing. What was pressed before the High Court related to the quantum of sentence. It was submitted that the appellant had faced