THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1212 OF 2005 DATED 10th FEBRUARY, 2011. BETWEEN : Chirumala Subbaiah … Petitioner-accused and The State of A.P. … Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1212 OF 2005 ORDER: This Criminal Revision Case is filed by the petitioner-accused challenging the judgment dated 07.07.2005 rendered in Criminal Appeal No.202 of 2002 by the learned Sessions Judge, Prakasam Division at Ongole, confirming the conviction and sentence passed in S.C.No.156 of 2002 passed by the learned Assistant Sessions Judge, Parchur, for an offence under Section 376 read with 511 of Indian Penal Code sentencing the accused to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for two months, vide judgment dated 30.09.2002. 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 2002 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 and after lapse of all these years, this Court is of the view that there is no necessity to send the petitioner to prison. Hence, 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 of imprisonment 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.4,500/-, 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 : 10.02.2011 sur