HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.316 of 2006 JUDGMENT: This Criminal Revision Case is preferred by the petitioner- accused against the judgment, dated 15.02.2006, rendered in Criminal Appeal No.70 of 2004 by the VII Addl. Sessions Judge (Fast Track Court) Krishna at Vijayawada. 2. The petitioner-accused was prosecuted in C.C.No.271 of 2001 for the offence punishable under Section 419 IPC r/w Section 138(4) of the Indian Railways Act 1989. After due trial, the learned VII Metropolitan Magistrate for Railways at Vijayawada convicted the petitioner for the said offence under Section 248(2) Cr.P.C. and accordingly sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.200/- in default to undergo rigorous imprisonment for three months, vide judgment, dated 29.03.2004. 3. As against the said conviction, the petitioner filed Criminal Appeal No.70 of 2004 on the file of the VII Addl. Sessions Judge (Fast Track Court) Krishna at Vijayawada and the learned Sessions Judge, having gone through both the oral and documentary evidence, dismissed the Criminal Appeal while confirming the conviction and sentence recorded against the petitioner by the learned Magistrate, vide judgment, dated 15.02.2006. Challenging the same, the petitioner preferred this revision. 4. Heard both sides. 5. After arguing for some time, learned counsel for the petitioner by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. 6. In view of the said submission and also the fact that the trial Court as well as the appellate Court have given concurrent findings, this Court is of the view that merits of the prosecution case and the impugned judgment need not be adjudicated. 7. It is represented that the petitioner is the only bread winner of his family and has to look after the necessities of his family members. Admittedly, the offence took place in the year 2001 and for all these years the petitioner suffered humiliation. In these circumstances, this Court is inclined to show some lenience towards the petitioner. 8. Accordingly, the conviction recorded against the petitioner-accused by the trial Court for the offence punishable under Section 419 IPC r/w Section 138(4) of the Indian Railways Act 1989 as confirmed by the appellate Court is confirmed and the sentence of imprisonment is modified to that of the period already undergone by the petitioner-accused and the fine amount imposed by the trial Court is not interfered with. 9. In all other respects, the impugned judgment shall stand confirmed. 10. With the above modification, the Criminal Revision Case is disposed of. _________________ RAJA ELANGO, J 14th December, 2010 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.316 of 2006 DATE: 14.12.2010 Between : Jampana Mohana Rao … Petitioner/ Accused and State of A.P. ..Respondent HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.316 of 2006 (Disposed of) 14th December, 2010 cbs