IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE TWENTYSECOND DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 529 of 2005 Between: Mohammed Rafeeq & Anr. … Petitioners (A-1 & A-4) V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad … Respondent Counsel for the Petitioner : Sri S. Chandrashekar Counsel for the Respondent : Addl. Public Prosecutor THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION No. 529 OF 2005 O R D E R : This Criminal Revision is directed against the conviction and sentence passed by the II-Additional District and Sessions Judge, (FTC) Adilabad, in Criminal Appeal No. 65 of 2004, dated 18-3-2005 confirming the conviction and sentence recorded by the Judicial Magistrate of First Class, Adilabad, in CC.No. 373 of 2003, dated 24-8- 2004. 2. The petitioners were tried for the offence punishable under section 380 of IPC. On appreciation of oral and documentary evidence placed on record, the learned Magistrate found the petitioners guilty for the said offence. The petitioners were sentenced to suffer Rigorous Imprisonment for one year and sentenced to pay a fine of Rs.300/- in default to suffer simple imprisonment for one month. On appeal, the learned II-Additional and Sessions Judge, (FTC), Adilabad, on re- appreciation of the oral and documentary evidence placed on record confirmed the conviction and sentence recorded by the learned Magistrate against the petitioners. Challenging the same, the present Criminal Revision is filed by A-1 and A-4. 3. At the hearing, the learned counsel for the petitioners confine his argument only with regard to the quantum of sentence and prayed mercy of this court. 4. Heard the learned counsel for the petitioners 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, I do not see any illegality in the order of conviction recorded by both the courts below and the same is confirmed, but however, taking into consideration the submissions made by the learned counsel for the petitioner, this Court is of the view that the sentence of imprisonment inflicted by the both the courts below is modified to that of the period already undergone by the petitioner. However, the fine amount paid by the petitioners shall be maintained. 6. With the above modification in the sentence, the Criminal Revision is disposed of. ______________________ JUSTICE RAJA ELANGO. 22-10-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 529 OF 2005 Circulation Entry No. 97 Date: 22-10-2010 Computer No. 43 Court Master: I s L