THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1003 OF 2005 DATED 23rd DECEMBER, 2010. BETWEEN : Om Prakash Sharma .. Petitioner-A.6 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1003 OF 2005 ORDER: This is a revision arising out of sentence and conviction imposed on the petitioner-A.6 in Criminal Appeal No.304 of 2004 on 07.06.2005 by the learned Special Judge For Trial of Offences Under SCs & STs (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad. Initially, the petitioner and other accused were prosecuted in C.C.No.26 of 1999 by the learned XIII Metropolitan Magistrate for Railways, Secunderabad, wherein petitioner and others were convicted under Section 248 (2) Cr.P.C. for the offence under Section 3 (a) of R.P.Act and sentenced to undergo rigorous imprisonment for one year each and to pay fine of Rs.1,000/-, in default to suffer simple imprisonment for one month. Challenging the same, petitioner preferred an appeal. The learned Sessions Judge dismissed the appeal confirming the conviction and sentence imposed against the petitioner by the trial Court. Aggrieved over the same, petitioner filed the present revision. Heard. After arguing for sometime, the learned counsel for the petitioner confined his arguments only to the extent of imposition of sentence and prayed this Court to show some indulgence on the petitioner. In view of the said submission of the learned counsel for the petitioner, the merits and demerits of the prosecution case and impugned judgment need not be adjudicated now. Admittedly, the occurrence took place in the year 1999 and pendency of the case for these 11 years caused much humiliation to the petitioner. Hence, at this long lapse of time, there is no necessity to send the petitioner to prison and some lenience can be shown towards him in imposition of sentence. Accordingly, the conviction imposed by the trial Court and as confirmed by the Appellate Court is hereby confirmed. However, the sentence of imprisonment is modified to that of the period already undergone by him in prison. Further, the petitioner is directed to pay a sum of Rs.9,000/- (Rupees Nine Thousands only) towards fine apart from the fine amount already imposed by the trial Court. Petitioner shall pay the fine amount, now imposed, on or before 28.02.2011, in default to suffer simple imprisonment for two months. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 23.12.2010 sur