Prolongation of criminal case for unreasonable period amounts to mental incarceration: Supreme Court

It is entirely in order and so also definitely in the fitness of things that while most firmly sticking to logic and displaying pragmatism, the Supreme Court in a most learned, laudable, landmark, logical and latest judgment titled K. Pounammal v. State Represented by Inspector of Police in Criminal Appeal No. 1716 of 2011 and cited in Neutral Citation No.: 2025 INSC 1014 in the exercise of its criminal appellate jurisdiction that was pronounced as recently as on August 21, 2025 while upholding the conviction of a former Inspector of Central Excise who is a 75-year-old woman in a 22-year-old bribery case, has reduced her sentence to the period already undergone, citing mitigating factors including her advanced age and the "mental incarceration" caused by protracted legal proceedings.

- SANJEEV SIROHI

We need to note that the criminal appeal before the Apex Court was filed against the order of the Madurai Bench of the Madras High Court confirming the judgment of the Special Judge, Central Bureau of Investigation (CBI) convicting the appellant for the offences under Section 7, Section 13(2) read Section 13(1)(d) of the Prevention of Corruption Act, 1988.

Most commendably, the top court also underscored the relevance of the reformative theory of justice holding that, "Amongst these theories, reformative approach has become increasingly acceptable to the modern jurisprudence... The focus would be on the crime, and not on the criminal." Very rightly so!

At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon'ble Mr Justice NV Anjaria for a Bench of the Apex Court comprising of himself and Hon'ble Mr Justice Atul S Chandurkar sets the ball in motion by first and foremost putting forth in para 2 that, "This criminal appeal by the appellant-convict is directed against judgment and order dated 4th August, 2010 of the Madras High Court, Madurai Bench, in Criminal Appeal No. 1750 of 2003, whereby the High Court confirmed judgment and order delivered by the Special Judge, Central Bureau of Investigation (for short "CBI"), Madurai in Criminal Case No. 2 of 2003 dated 5th November, 2003, convicting the appellant for the offences under Section 7, Section 13(2) read section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentencing her to undergo rigorous imprisonment for 6 months and with fine of Rs 1000/- with default clause in respect of the offence under Section 7, to undergo rigorous imprisonment for one year and with fine of Rs 1000/- with default clause for the offence under Section 13(2) read with Section 13(1)(d) of the said Act."