IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1483 OF 2004 Date:19-07-2011 Between: Nakka Haribabu S/o.Peraiah ... Petitioner And The State of A.P., rep., by Public Prosecutor., High Court of A.P., Hyderbad. ... Respondent HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1483 OF 2004 JUDGMENT: This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. against judgment, dated 17-08-2004, passed in Criminal Appeal No.10 of 2001 passed by the VI Additional District Sessions Judge, (Fast Track Court), Guntur, confirming conviction and sentence imposed by the II Additional Munsif Magistrate, Narasaraopet, against the petitioner – accused (for short ‘the accused’) in C.C. No.66 of 1999 for offences punishable under Sections 409 and 477-A IPC. 2. The corresponding case of the prosecution, in brief, is as follows: On the instructions the Superintendent of Post Offices, the Sub- Divisional Inspector of Post Offices, Narasaraopet, (PW-1) went to Gogulapadu branch Post Office on 08-12-1997 and verified discontinued R.D. accounts of some account holders with relevant ledgers and R.D. Passbooks and found that the accused misappropriated an amount of Rs.7,282/- including default fee paid by them towards monthly instalments, by making false entries duly stamped and initialled in their passbooks and also making them to believe that their amounts were credited in their accounts. 3. To substantiate its case, the prosecution examined P.Ws.1 to 9 and got marked Exs.P-1 to P-19. The accused pleaded not guilty of the charges and denied incriminating evidence adduced. 4. The trial Court, after considering the oral and documentary evidence adduced, found the accused guilty of committing the offences punishable under Sections 409 and 477-A IPC and accordingly, convicted and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.500/- and in default of paying the fine, to undergo further imprisonment for a period of fifteen (15) days for each offence, whereas aggrieved by the same the accused preferred the Criminal Appeal No.10 of 2001 whereby the learned IV Additional District Sessions Judge, Guntur, on the consideration of material available on record, confirmed the conviction and sentence imposed by the trial Court and aggrieved thereby the present revision is filed. 5. Learned counsel for the accused has fairly conceded that there is nothing to indulge in the findings of the Courts below about the conviction and however has requested that the matter may be viewed leniently on the grounds that the amount involved in the case is only Rs.7,282/- and further the accused lost his job as “Post Master” by reason of which he and his family members have been suffering. 6. It is important that this is a case of 1999 and ever since the petitioner has been attending various Courts in connection with this case during which he faced the trial and also the ordeal of the conviction and sentence imposed against him and it is also represented that he lost his job consequently. Further, it is represented that he was in jail for a period of 24 days. 7. Examining the circumstances, which are relevant here, I feel that it is reasonable to reduce the sentence to two (2) months, while retaining the fine clause. 8. In the result, the Criminal Revision Case is dismissed, but modifying the sentence to two months, out of which the period of detention already undergone by the accused shall be given set of, while retaining the fine clause. ________________________ G.KRISHNA MOHAN REDDY, J July 19, 2011. KTL