THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.382 OF 2005 DATED 7th OCTOBER, 2010. Between : K.Eswara Rao @ Naidu & others ..Petitioners-A.2 to A.4 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.382 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioners-A.2 to A.4 against the common judgment, dated 25.02.2005, rendered in Criminal Appeal Nos.112 and 115 of 2003 by the II Additional District and Sessions Judge, East Godavari at Rajahmundry. Initially, the petitioners-A.2 to A.4 and other accused were prosecuted in C.C.No.1281 of 2002 for the offence punishable under Sections 457, 380 or 411 of Indian Penal Code (for short ‘IPC’) wherein after due trial, the learned II Additional Judicial First Class Magistrate, Rajahmundry, acquitted the accused for the offence punishable Sections 457 and 380 IPC, but convicted them under Section 248 (2) Cr.P.C. and sentenced them to undergo rigorous imprisonment for one year each for the offence punishable under Section 411 IPC. As against the said conviction, A.2 to A.4 and A.6 preferred Criminal Appeal Nos.115 and 112 of 2003, respectively, in which the learned II Additional District & Sessions Judge, by impugned judgment, set aside the conviction and sentence imposed against A.6 and acquitted her for the offence levelled against her. As far as the present petitioners are concerned, the learned Sessions Judge confirmed the conviction and sentence imposed by the learned Magistrate. Challenging the same, the present revision is filed. Heard. After arguing for sometime, the learned counsel for the petitioners by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioners. 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 offence took place in the year 2002 and for all these years the petitioners suffered humiliation and also stigma in the society. It is represented that the petitioners are the sole breadwinners of their families and have to look after the welfare their family members. In these circumstances, this Court is inclined to show some lenience against the petitioners. Accordingly, the conviction imposed by the trial Court against the petitioners and as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment is modified to that of the period undergone by the petitioners. Further, the petitioners are directed to pay a fine of Rs.2,000/- within a period of six weeks from the date a copy of this order is made ready. In all other respects, the impugned judgment stands confirmed. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 07.10.2010 sur