THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.653 OF 2005 DATED 30th SEPTEMBER, 2010. BETWEEN : A.Gyaneshwar ..Petitioner-A.1 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.653 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-A.1 against the judgment, dated 13.04.2005, rendered in Criminal Appeal No.2 of 2004 by the II Additional Sessions Judge, Warangal, confirming the judgment of conviction and sentence passed in C.C.No.485 of 1999 on 06.01.2004 by the IV Additional Judicial Magistrate of First Class, Warangal, wherein the learned Magistrate acquitted A.2 under Section 255 (1) Cr.P.C. for the offence punishable under Sections 448 and 427 of the Indian Penal Code, however, convicted the petitioner-A.1 under section 255 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for six months for the offence punishable under section 427 of Indian Penal Code and also to pay a fine of Rs.500/- in default to suffer simple imprisonment for a period of one month. The petitioner was also sentenced to undergo simple imprisonment for a period of three months and also to pay a fine of Rs.500/- for the offence punishable under Section 448 of Indian Penal Code, in default, to suffer simple imprisonment for one month. Heard. After arguing for sometime, the 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. 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 crime occurred in the year 1999 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 as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment is modified to that of the period undergone by the petitioner. Further, the petitioner is directed to pay a fine of Rs.3,000/- under each count for the offence punishable under Sections 427 and 448 of Indian Penal Code, apart from the fine amount already imposed by the Court below. The fine amount shall be paid within a period of one month from the date of receipt a copy of this order. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 30.09.2010 sur