THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1039 OF 2005 DATED 13th DECEMBER, 2010. BETWEEN : Shaik Subhani .. Petitioner and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1039 OF 2005 ORDER: This is a revision arising out of sentence and conviction imposed on the petitioner-accused in Criminal Appeal No.11 of 2004 on 29.06.2005 by the Sessions Judge, Metropolitan Division, Vijayawada. Initially, the accused was prosecuted in C.C.No.472 of 2003 by the learned V Metropolitan Magistrate’s Court, Vijayawada, wherein he was convicted under Section 248 (2) Cr.P.C. for the offence under Section 379 of Indian Penal Code and sentenced to undergo rigorous imprisonment for three months. Challenging the same, petitioner preferred an appeal. In appeal, the learned Sessions Judge confirmed the conviction and sentence imposed by the trial Court and dismissed the appeal. Aggrieved over the same, accused filed the present revision. Heard. After arguing for sometime, the learned counsel for the petitioner confined his arguments only to the extent of imposition of sentence and prayed this Court to show some indulgence on the petitioner. In view of the said submission of the learned counsel for the petitioner, the merits and demerits of the prosecution case and impugned judgment need not be adjudicated now. The offence took place in the year 2002 and for all these years the accused suffered stigma and humiliation in the Society. Further the petitioner has to take care of his three daughters. It is also seen from the lower Court record that the petitioner has no bad antecedents. Considering these circumstances, this Court is of the view that some lenience can be shown towards the petitioner in imposition of sentence. Accordingly, the conviction imposed by the trial Court and confirmed by the Appellate Court is hereby confirmed. However, the sentence of imprisonment is modified to that of the period already undergone by him in prison. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 13.12.2010 sur