IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.V.K.BALI WEDNESDAY, THE 15TH NOVEMBER 2006 / 24TH KARTHIKA 1928 Crl.Rev.Pet.No.851 of 1998 --------------------------------- CRL.A.321/1995 OF THE COURT OF THE SESSIONS JUDGE OF THRISSUR. C.C.NO.245 OF 1993 OF THE COURT OF JUDICIAL MAGISTRATE OF THE FIRST CLASS, IRINJALAKUDA. .................... REVISION PETITIONER/APPELLANT/ACCUSED:- ---------------------------------------------------- SANTHOSH, S/O.THAISUVALAPPIL SASANKAN, PORATHUSSERI, IRINJALAKUDA. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT/RESPONDENT/COMPLAINANT:- -------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.Bali,C.J. ---------------------------- Crl.R.P.No.851 of 1998 ----------------------------- Dated, this the 15th day of November, 2006 ORDER V.K.Bali,C.J. (Oral) Petitioner has been held guilty under Section 379 of Indian Penal Code and sentenced to undergo rigorous imprisonment for six months, vide order dated 24th October, 1995 passed by the Judicial Magistrate of the First Class, Irinjalakuda. Appeal carried against this order was dismissed by the learned Sessions Judge, Thrissur vide order dated 14th October, 1998. It is against these two orders that the present revision has been filed. 2. Without joining issues on the merits of the case, the learned counsel for the petitioner states that the petitioner is a first offender and at the time of occurrence, he was only a teenager. The occurrence pertains to the year 1993 and in the manner aforesaid, the petitioner has already suffered a protracted trial spanned over a period of more than 13 years Crl.R.P.No.851 of 1998 - 2 - and, therefore, the petitioner may not be sent to serve a jail term at this stage. 3. Having heard learned counsel for the parties, this Court is of the view that ends of justice would be served if the petitioner, instead of serving the jail term, be asked to pay fine. In the circumstances of the case, thus, the Court orders that the petitioner would pay a fine of Rs.2,000/= (Rupees two thousand only) within two months from today and would not serve jail term at this stage. In case fine is not paid, the petitioner would serve the sentence imposed on him by the Courts below. The Criminal Revision Petition is disposed of as indicated above. V.K.Bali Chief Justice vku/-