THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1037 OF 2005 DATED 13th DECEMBER, 2010. BETWEEN : M.Hanumantha Rao .. Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1037 OF 2005 ORDER: This is a revision arising out of judgment dated 29.06.2004 rendered in Criminal Appeal No.195 of 2003 by the VI Additional Sessions Judge (Fast Track Court), Rajahmundry, wherein the learned Sessions Judge confirmed the conviction and sentence imposed by the learned Additional Judicial Magistrate of First Class, Ramachandrapuram, in C.C.No.1380 of 2000 on 29.09.2003 wherein the learned Magistrate convicted the petitioner-accused under Section 248 (2) Cr.P.C. for the offence under Section 63 of Copy Right Act, 1957, and sentenced to suffer simple imprisonment for six months and to pay fine of Rs.1,000/-, in default to suffer two months simple imprisonment. Heard. After arguing for sometime, the learned counsel for the petitioner confined his arguments only to the extent of imposition of sentence and requested this Court to show some indulgence on the petitioner. In view of the said submission of the learned counsel for the petitioner, merits and demerits of the prosecution case and impugned judgment need not be adjudicated now. Admittedly, the occurrence pertains to the year 1999 and for all these years petitioner suffered humiliation and stigma in the Society. As per the provisions of the Copy Right Act, if the offence is committed for any monetary purpose, there should be a minimum punishment of six months. In the absence of any such monetary purpose, a lesser punishment can be given to the accused. In the present case, on perusal of the record nothing is stated regarding the fact that the accused has purchased the cassettes for the purpose of any monetary gain. In the absence of the same, a lenient view can be given to the petitioner-accused in imposition of sentence. Hence, the conviction imposed by the trial Court and confirmed by the Appellate Court is hereby confirmed. However, the sentence of imprisonment is reduced to that of the period already undergone by him in prison. The remaining portion of the impugned judgment including fine amount shall stand unchanged. Accordingly, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 13.12.2010 sur