THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1238 OF 2005 DATED 1st OCTOBER, 2010. Between : Mohd.Sadiq ..Petitioner-A.2 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1238 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-A.2 against the judgment, dated 06.07.2005, rendered in Criminal Appeal No.54 of 2004 by the I Additional Sessions Judge, Adilabad. Initially, the petitioner-A.2 and two other accused were prosecuted in C.C.No.391 of 2003 for the offence punishable under Sections 379 or 411 IPC, wherein after due trial, the learned Judicial Magistrate of First Class, Adilabad, by judgment dated 04.08.2004 found the accused guilty of the offence punishable under section 379 IPC, convicted them under Section 248 (2) Cr.P.C. and sentenced them to undergo rigorous imprisonment for two years. As against the said judgment and conviction, petitioner-A.2 preferred an appeal in Crl.A.No.54 of 2004. The learned Sessions Judge by impugned judgment dismissed the appeal convicting the petitioner-A.2 for the offence punishable under Section 411 IPC instead of 379 IPC and sentenced him to undergo rigorous imprisonment for six months. Aggrieved by the same, petitioner-A.2 filed the present revision. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. In view of the said submission, this Court is of the view that merits of the Prosecution case and impugned judgment need not be adjudicated. Admittedly, the crime occurred in the year 2003 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinner of his family and has to look after the welfare his family members. In these circumstances, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment is modified to that of the period already undergone by the petitioner in prison. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 01.10.2010 sur