IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE TWENTYFIRST DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 408 of 2005 Between: Gokivada Koteswara Rao … Petitioner V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad … Respondent Counsel for the Petitioner : Sri Gudapati Venkateswar Rao Counsel for the Respondent : Addl. Public Prosecutor THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION No. 408 OF 2005 O R D E R : This Criminal Revision is directed against the conviction and sentence passed by the I-Additional Metropolitan Sessions Judge, Visakhapatnam in Criminal Appeal No. 130 of 2003 dated 10-03-2005 confirming the conviction and sentence recorded by the VIII Metropolitan Magistrate, Viskhapatnam at Gajuwaka in CC.No. 529 of 2001 dated 27-11-2003. 2. The petitioners were tried for the offences punishable under section 292 (2) (a) of IPC. On appreciation of oral and documentary evidence placed on record, the learned Magistrate found the petitioners guilty for the offence punishable under section 292 (2) (a) of IPC. The petitioners were sentenced to suffer Rigorous Imprisonment for a period of four months each and to pay a fine of Rs.300/- each and in default to suffer Simple Imprisonment for a period of one month. On appeal, the learned I-Additional Metropolitan Sessions Judge, Viskhapatnam, on re-appreciation of the oral and documentary evidence placed on record confirmed the conviction and sentence recorded by the learned Magistrate in respect of the petitioners. Challenging the same, the present Criminal Revision is filed. 3. At the hearing, the learned counsel for the petitioner confines his argument only with regard to the quantum of sentence and prayed mercy of this court. 4. Heard the learned counsel for the petitioner and the learned Addl.Public Prosecutor representing the State. This Court perused the oral and documentary evidence placed on record. 5. Considering the facts and circumstances, I do not see any reason to interfere with the conviction recorded by both the courts below and the same is confirmed, but however, taking into consideration the submissions made by the learned counsel for the petitioner, this Court is of the view that the sentence of imprisonment inflicted by the both the courts below is modified to that of the period already undergone by the petitioner but the fine amount paid by the petitioner shall remain unaltered. 6. With the above modification in the sentence, the Criminal Revision is disposed of. ______________________ JUSTICE RAJA ELANGO. 21-10-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 408 OF 2005 Circulation Entry No. 124 Date: 21-10-2010 Computer No. 43 Court Master: I s L