THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1857 of 2010 ORDER: On the basis of a report received by him, the Sub-Inspector of Police, Sangareddy Rural Police Station, instructed one police constable to bring the petitioner to the police station. When the said police constable went to the petitioner on 12.02.2007, the petitioner did not agree to come to the police station and, on the other hand, caught hold of the shirt collar of the said police constable. But, however, the said constable managed to take him into custody and took him to the police station. Thereafter, on the basis of a complaint given by the said constable, a case in Crime No.40 of 2007 was registered against the petitioner for the offence punishable under Section 332 of I.P.C. After investigation, charge sheet was filed and the same was taken on file by the learned Judicial Magistrate of First Class, Special Mobile Court, Sangareddy, as C.C.No.209 of 2007. During the course of trial, P.Ws.1 to 4 were examined ad Exs.P.1 to P.3 were marked as exhibits on behalf of the prosecution. The learned Magistrate, having assessed the said evidence, came to the conclusion that the petitioner is guilty of the offence alleged against him and, accordingly, by judgment dated 17.06.2008, convicted and sentenced him to undergo simple imprisonment for a period of one year and also to pay a fine of Rs.500/-, in default of payment of fine, to suffer simple imprisonment for a period of three months. The said judgment was questioned by filing Criminal Appeal No. 46 of 2008 Special Judge for Trial of Offences under SC/ST (POA) Act-cum-V Additional District & Sessions Judge, Medak at Sangareddy, and the appellate Court while concurring with the findings of the trial Court, however, while confirming the sentence of payment of fine, reduced the sentence of simple imprisonment from one year to six moths. The same is questioned by filing this revision. The learned counsel appearing for petitioner though fairly conceded that it is not a case for interference, however, requested to take a lenient view in favour of the petitioner having regard to the fact that he was in jail for more than 25 days. In the light of the said submission, this Court looked into the record. From the Calendar in C.C.No.209 of 2007, it appears that the petitioner was apprehended on 13.02.2007 and he was released on bail on 20.02.2007. So, it is clear that he was in jail for more than 7 days. The appeal filed by the petitioner against the judgment of the trial Court was dismissed by the appellate Court on 05.08.2010 and since then he is in jail till today. Thus, after dismissal of the appeal by the appellate Court, the petitioner is in jail for more than 16 days. Hence, it is clear that the petitioner is in jail for about 25 days. As the sentence of imposed against the petitioner is only six months and as he has already undergone a sentence of imprisonment of about 25 days, this Court is of the view that this revision can be disposed of at the stage of admission with the following direction. The sentence of simple imprisonment of six months imposed against the petitioner by the lower appellate Court in Crl.A.No.46 of 2008 through judgment dated 05.08.2010, modifying the sentence of simple imprisonment of one year imposed against him by the trial Court in C.C.No.209 of 2007, for the offence punishable under section 332 of I.P.C., is reduced to that of the period already undergone by him. The petitioner is directed to be set at liberty forthwith, if not required in any other crime. Except the above modification in all other aspects the findings of the lower appellate Court stands undisturbed. The Criminal Revision Case is, accordingly, disposed of. ________________________________ GOPALA KRISHNA TAMADA, J 21st September, 2010 cvrk