IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 426 of 2005 Between: Yedla Sambasiva Rao @ Siva … Petitioner V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad … Respondent Counsel for the Petitioner: Sri Md. Saleem Counsel for the Respondent: Addl. Public Prosecutor The Court made the following order (order follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION No. 426 OF 2005 O R D E R : This Criminal Revision is directed against the conviction and sentence passed by the II-Additional Sessions Judge, Karimnagar, in Criminal Appeal No. 109 of 2004 dated 22-9-2004, confirming the conviction and reduced the sentence imposed on the petitioner-accused by modifying the sentence from seven years Rigorous Imprisonment to only five years and the findings recorded by the Principal Assistant Sessions Judge, Tenali, in SC.No. 492 of 2003, dated 12-1-2004, whereby and whereunder, the petitioner was found guilty for the offence under section 377 of IPC and sentenced him to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.2000/-, in default to suffer simple imprisonment for three months and out of the fine amount of Rs.2000/-, an amount of Rs.1000/- was directed to be compensated to the victim boy after expiry of appeal time. 2. The petitioner was tried for the offence punishable under 377 of IPC. On appreciation of oral and documentary evidence placed on record, the learned Magistrate found the petitioner guilty for the offence punishable under section 377 of IPC and sentenced him to undergo Rigorous Imprisonment for a period of seven years and to pay fine of Rs.2000/-, in default to undergo Simple Imprisonment for three months. On appeal, the learned II-Additional Sessions Judge, Guntur, on re-appreciation of the oral and documentary evidence placed on record confirmed the conviction and sentence recorded by the learned Magistrate stated hereinabove was reduced and modified from seven years Rigorous Imprisonment to only five years Rigorous Imprpsionment. Challenging the same, the present Criminal Revision is filed. 3. At the hearing, the learned counsel for the petitioner strenuously and emphatically raised several contentions and at last he confines his argument only with regard to the quantum of sentence and prayed mercy of this court. 4. Heard the learned counsel for the petitioner and the learned Addl.Public Prosecutor representing the State. This Court perused the oral and documentary evidence placed on record. 5. Considering the facts and circumstances and as can be seen from the record, the trial Judge as well as the Additional Sessions Judge have concurrently held against the petitioner and meticulously gave cogent reasoning for their conclusion. Therefore, I do not see any merit to interfere with the conviction recorded by both the courts below and the same is confirmed, but however, the sentence of imprisonment inflicted by the Additional Sessions Judge, Guntur is modified to that of three years Rigorous Imprisonment. However, the fine amount paid by the petitioner shall remain unaltered. The petitioner is, therefore, directed to surrender before the concerned court within one month, preferably on or before 25-12- 2010. On his failure to surrender on or before 25-12-2010, the trial Court is directed to take steps and issue Non-bailable warrant so as to incarcerate the petitioner to serve the sentence inflicted by this Court. The Criminal Revision Case fails and the same is liable to be dismissed. 6. With the above modification in the sentence, the Criminal Revision Case is accordingly dismissed. ______________________ JUSTICE RAJA ELANGO. 11-11-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 426 OF 2005 Circulation Entry No. Date: 11-11-2010 Computer No. 43 Court Master: I s L