THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1090 OF 2005 DATED 28th JANUARY, 2011. BETWEEN : S.K.Maulali … Petitioner-accused and The State of A.P. … Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1090 OF 2005 ORDER: This Criminal Revision Case is filed by the petitioner-accused challenging the judgment dated 17.02.2005 rendered in Criminal Appeal No.2 of 2002 by the learned IV Additional Sessions Judge (F.T.C.No.III), Khammam, confirming the conviction and sentence passed in S.C.No.198 of 1999 by the learned Assistant Sessions Judge, Khammam, for an offence under Section 376 (2) (f) (g) of Indian Penal Code sentencing the accused to undergo rigorous imprisonment for seven years and to pay a fine of Rs.100/-, in default to suffer simple imprisonment for fifteen days, vide judgment dated 24.12.2001. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments only to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. In view of the said submission, this Court is of the view that merits of the Prosecution case and impugned judgment need not be adjudicated. Admittedly, the occurrence took place in the year 1998 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinner of his family and has to look after the welfare his family members. In these circumstances and after lapse of all these years, this Court is of the view that there is no necessity to send the petitioner to prison. Accordingly, the conviction imposed on the revision petitioner- accused by the learned Assistant Sessions Judge, Khammam, in Sessions Case No.198 of 1999 and as confirmed by the learned IV Additional Sessions Judge (F.T.C.No.III), Khammam, in Criminal Appeal No.2 of 2002 is hereby confirmed. However, the sentence of imprisonment imposed on the petitioner for the offence under Section 376 (2) (f) (g) of Indian Penal Code is hereby reduced to six years. Fine amount imposed on the petitioner is not interfered with. The period of detention already suffered by the revision petitioner is directed to be given set off under Section 428 of the Code of Criminal Procedure. Revision petitioner shall be released after serving the sentence, if he is not required in any other case. Remaining portion of the impugned judgment shall stand unaltered. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 28.01.2011 sur