THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.517 OF 2005 DATED 16th NOVEMBER, 2010. BETWEEN : M.Shivalal ..Petitioner and The State of A.P. & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.517 OF 2005 ORDER: This Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) by the petitioner- accused challenging the judgment, dated 25.03.2005, rendered in Criminal Appeal No.189 of 2004, by the III Additional Metropolitan Sessions Judge, Hyderabad. Heard. Initially, the petitioner-accused was prosecuted in C.C.No.206 of 2002 by the learned XIV Metropolitan Magistrate, Hyderabad, wherein he was convicted under Section 248 (2) Cr.P.C. for the offence punishable under Sections 420, 468, 471 and 472 IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.100/- under each count, in default, to suffer simple imprisonment for one month for each count vide judgment dated 23.06.2004. As against the said conviction, the accused preferred Criminal Appeal No.189 of 2004, which was partly allowed by the III Additional Metropolitan Sessions Judge, Hyderabad, wherein the learned Sessions Judge set aside the conviction passed by the trial Court against the accused for an offence punishable under Sections 420 and 468 IPC and acquitted him for the said offences, but however, he convicted the accused for an offence punishable under Sections 471 and 472 IPC and reduced the sentence imposed by the trial Court from one year to three months under each count and further directed the accused to pay a fine of Rs.200/- under each count. Aggrieved by the same, present revision has been preferred by the petitioner-accused. After arguing for sometime, the learned counsel for the petitioner-accused confined his arguments to the extent of imposition of sentence. He also submitted that the petitioner being a student at the age of 22 years committed the offence without knowing the consequences of his act. Thus, he prayed to show some indulgence against 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 offence took place in the year 2000 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 take some lenient view against the petitioner. Accordingly, the conviction imposed by the trial Court as modified by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment is set aside and the petitioner is directed to pay a fine of Rs.2,500/- (Rupees Two Thousand Five Hundred only) under each count for the offence punishable under Sections 471 and 472 IPC, within a period of four weeks from the date of receipt of a copy of this order. In default of payment of fine amount, the petitioner is directed to undergo simple imprisonment for three months. It is further directed that a warrant be issued against the petitioner if he fails to surrender himself to serve the default sentence. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 16.11.2010 sur