Criminal Revision No. 861 of 1990 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 861 of 1990 Date of Decision: 18.3.2008. Sitar Masih …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. A.S.Shergill, Advocate Amicus Curiae for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Smt. Sitar Masih worked in a Ewing Christian School (non- recognized), Ludhiana till 19.3.1982. It was found that there was misappropriation of a sum of Rs.7148.35 ps. and on audit of the accounts her responsibility was fixed. She was tried for an offence under Section 408 IPC. She was sentenced by learned trial Court to undergo rigorous imprisonment for nine months and a fine of Rs.500/-. In default of payment of fine, she was further ordered to undergo rigorous imprisonment for two months. Aggrieved against the same she filed an appeal and the same was decided by the Court of learned Additional Sessions Judge, Ludhiana. Learned Additional Sessions Judge, Ludhiana took into account that accused Sitar Masih was aged 48 years. She has faced Criminal Revision No. 861 of 1990 2 protracted trial for seven years and she lost her job, therefore, it was ordered that she be released on probation and would deposit Rs.15,000/- as compensation. Mr.A.P.S.Shergill, Advocate, who has been appointed as Amicus Curiae has very fairly stated that since Sitar Masih has undergone a period of probation, therefore, nothing survives in the present revision petition as the two Courts below have returned a finding of guilt against the petitioner. However, he has stated that petitioner was 48 years in 1990 and now she is aged about 64 years and she herself is dependent and is not having sufficient funds to deposit Rs.15,000/- as compensation. He prays that amount of compensation awarded by learned Appellate Court may be waived off. Taking into account the fact that in the present case, FIR was recorded on 9.9.1983 and a period of 25 years is going to lapse and the petitioner has already undergone period of probation and she is now aged about 64 years, an amount of Rs.15,000/- as compensation is waived off. With these observations, the present revision petition is disposed off. This Court appreciates services of Mr. A.P.S.Shergill, Advocate, who acted as Amicus Curiae, on appointment made by the Registry of this Court. (Kanwaljit Singh Ahluwalia) Judge March 18, 2008 “DK”