THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 1101 of 2005 ORDER: This revision is preferred questioning the judgment dated 12.7.2005 in Criminal Appeal No. 57 of 2004 by the learned II Additional District and Sessions Judge (FTC.I), Khammam confirming the judgment dated 5.7.2004 in C.C. No. 3025 of 1998 by the learned Special Judicial Magistrate of First Class, Prohibition and Excise Court, Khammam. The allegation against the petitioner is submission of false affidavit as regards ownership of house bearing No.9-3-117, Old Club Road, Khammam showing its market value as Rs.1,50,000/- while obtaining licence of I.M.L shop at Tirumalayapalem. The revision petitioner/accused after running the shop for some time, closed the same citing financial problems. Due to closure of the said shop, the Government/Prohibition and Excise Department suffered a loss of Rs.99,100/- as such the affidavit filed by the petitioner as regards the ownership of above stated house was verified and it was found that the petitioner is not owner of the said house and the affidavit is not genuine. Hence, based on a letter addressed by the Assistant Commissioner of Prohibition and Excise dated 2.10.1997 a case in P.R No. 50/1997-98 was registered under section 40(A) of the A.P. Excise Act, 1968. After conducting regular trial, the trial Court by its order dated 5.7.2004 found the petitioner guilty of the offence alleged and convicted and sentenced the accused to undergo rigorous imprisonment for six months with fine of Rs.5,000/- in default to suffer simple imprisonment for a period of three months. As against the said order, the petitioner preferred an appeal in Criminal Appeal No. 57 of 2004 which was dismissed by order dated 12.7.2005 confirming the conviction and sentence imposed by the trial Court. Hence, the present revision. Learned counsel for petitioner after arguing the matter on merits for some time, prayed this Court to take a lenient view having regard to the fact that the matter is pending since 1998 and by the date of alleged incident, the petitioner is aged about 18 years and is actually unaware of the submission of a wrong affidavit. Heard the learned counsel for petitioner and learned Public Prosecutor and perused the material available on record. Having regard to the facts and circumstances of case, this Court is of the view that there is no reason warranting interference with the concurrent findings recorded by the Courts below. However, taking into consideration the fact that the matter is pending since 1998, it is felt appropriate that a lenient view can be taken in the matter. Hence, while confirming the conviction, the sentence is modified and reduced to the period of sentence already undergone by the petitioner. Further, the petitioner is directed to pay a sum of Rs.50,000/- (Rupees Fifty thousand only) towards fine to the Assistant Commissioner of Prohibition and Excise, Khammam, within a period of eight weeks from the date of receipt of copy of this order. On failure to pay such an amount, the petitioner shall undergo simple imprisonment for a period of one month. The fine amount now imposed is in addition to the fine imposed by the trial Court. Subject to above modification, the Criminal Revision case is disposed of. _____________ RAJA ELANGO,J DATE:20.1.2011 TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1101 OF 2005 Date: 20.1.2011