THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1239 OF 2005 DATED 20th JANUARY, 2011. BETWEEN : Shaik Moula Saheb .. Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1239 OF 2005 ORDER: This is a revision arising out of sentence and conviction imposed on the petitioner-accused in Criminal Appeal No.166 of 2002 on 26.07.2005 by the learned I Additional District and Sessions Judge, Srikakulam, wherein the learned Sessions Judge confirmed the conviction and sentence imposed on the petitioner-accused by the learned Judicial Magistrate of First Class, Sompeta, Srikakulam District, in C.C.No.48 of 1998 on 06.09.2002 wherein the learned Magistrate convicted the accused under Section 255 (2) of the Code of Criminal Procedure and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for three months. 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, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court and as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence imposed on the petitioner is hereby reduced to that of the period already undergone by him in prison. Further, the petitioner shall pay a fine of Rs.3,000/-, apart from the fine amount already imposed by the trial Court, within a period of eight weeks from today. On failure to pay the fine amount, petitioner shall undergo simple imprisonment for three months. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 20.01.2011 sur