[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.273 OF 2008 Vasant Dubala Naik ..Applicant Vs. The State of Maharashtra ..Respondents ... Mr.Rameshwar N.Gite advocate for applicant Ms.P.P.Shinde A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 8, 2008 DATE : JULY 8, 2008 DATE : JULY 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant-original accused and the learned A.P.P. for the State. 2. The applicant has been convicted under Section 408 of IPC for embezzlement of amount of Rs.90,833/-. It is the prosecution case that the amount has been embezzled in the year 1981-1982. 3. The learned advocate for the applicant states that the applicant is not challenging the conviction and the only prayer of the applicant is that sentence may be reduced to the period [-2-] undergone by the applicant. The learned APP has no objection to the sentence being reduced. 4. Looking to the facts that the applicant is a poor labourer and looking to the fact that the offence pertains to the year 1981-1982 and the other facts and the above facts, I am inclined to reduce the sentence to the period undergone by the applicant. 5. In the result, the conviction of the applicant under Section 408 of the IPC imposed by the learned Judicial Magistrate F.C. Satana, dated 25.6.2001 in Regular Criminal Case No. 71 of 1984 is confirmed. However, the sentence of imprisonment is reduced to the period undergone by him. The applicant be released forthwith if not required in any other case. 6. Revision application is partly allowed. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]