HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 973 OF 2004 DATED 30th JUNE, 2010. BETWEEN Donta Ganesh …..Petitioner/Accused and The State of AP, Rep. By its Public Prosecutor …Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 973 OF 2004 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Cr.P.C. is ﬁled aggrieved by the judgment dated 9.6.2004 passed in Criminal Appeal No. 111 of 2001 by the learned VII Additional Sessions Judge, Guntur, conﬁrming the conviction and sentence recorded against the petitioner/Accused for the oﬀence punishable under Section 34(a)(i) of the A.P. Excise Act in the order dated 7.2.2001 in C.C.No. 125 of 1999 by the learned Judicial Magistrate of First Class for Excise, Guntur.. Brief facts of the prosecution case are that on 17.8.1998 at about 8.15 p.m. the Prohibition and Excise oﬃcials intercepted the accused when he was standing in the bus shelter with one carton of 26 liquor bottles, out of them 25 bottles are company sealed bottles and one bottle was containing 50 ml liquor. On the said allegation, after following the formalities, a case in PR.No.256/97-98 for the oﬀence under Section 34(a) of the AP Excise Act was registered against the petitioner/accused and investigated into. After ﬁling the charge sheet, the trial Court took the cognisance of the case on file for the oﬀence under Section 34(a) of the AP Excise Act against the accused. The trial Court on a full-ﬂedged trial and appreciation of the evidence on record found the accused guilty of the oﬀence punishable under Section 34(a) of the A.P. Excise Act and accordingly convicted and sentenced the accused to undergo R.I. for six months and to pay a ﬁne of Rs.5000/- in default to suffer S.I. for six months. On appeal being Criminal Appeal. No. 111 of 2001 preferred by the petitioner/accused, the lower Appellate Court, on appreciation of the evidence on record, dismissed the appeal conﬁrming the conviction and sentence recorded by the trial Court. Hence this revision. It is needles to state that the powers of the High Court in exercising its jurisdiction under Sections 397 and 401 of Cr.P.C. are truncated and unless the ﬁnding recorded by the Court below is shown to be perverse or incorrect or illegal or not based on any evidence on record, the judgment under challenge needs interference. In the present case, on a perusal of the evidence available on record and on hearing the learned Counsel appearing on either side, this Court ﬁnds no illegality or irregularity or perversity in the ﬁndings recorded by the Courts below so as to interfere with the same. However, the learned Counsel for the petitioner conﬁning his argument to the inﬂicting of the sentence, submitted that the petitioner has suﬀered a stigma of conviction in the society; that after lapse of a decade of the incident, if the petitioner is sent to judicial custody, the same may cause prejudice to him; that without knowing implication he committed the oﬀence; that the petitioner is not having previous history of any kind of oﬀence and there are no adverse remarks against him and that the petitioner is now aged about 33 years, and he has to look after his family members as he being the breadwinner. The learned Counsel submitted that considering the above, the petitioner can be shown some lenience insofar as the sentence ordered by the Court below against the petitioner is concerned. As there is no serious objection from the side of the learned Public Prosecutor, this Court, considering the facts and circumstances of the case, evidence available on record, and submissions of the learned Counsel for the petitioner, thought it ﬁt to show some lenience on the petitioner to lead normal life in the society. Considering the same, the conviction recorded by the Courts below is conﬁrmed, however, sentence recorded against the petitioner/accused is modiﬁed to the extent of sentence already undergone gone. Subject to the above modiﬁcation in sentence, the Criminal Revision Case is disposed of. ----------------------------------- JUSTICE RAJA ELANGO DATED 30th JUNE, 2010. Msnr.