THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.759 OF 2005 DATED 10th DECEMBER, 2010. BETWEEN : Ch.Ranveer ..Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.759 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner- accused against the judgment, dated 03.05.2005, rendered in Criminal Appeal No.47 of 2004 by the learned II Additional Sessions Judge (FTC) Adilabad. Initially, the petitioner was prosecuted in C.C.No.587 of 2002 by the Judicial Magistrate of First Class, Adilabad, wherein the learned Magistrate convicted the accused under Section 255 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence under Section 292 (2) (a) of Indian Penal Code (for short ‘IPC’). Accused was further sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence under Section 293 IPC. Challenging the same, accused preferred an appeal. In appeal, the learned Sessions Judge confirmed the conviction passed by the learned Magistrate. However, the sentence is modified and the accused was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for one month for the offence under Section 292 (2) (a) IPC. Accused was further sentenced to undergo rigorous imprisonment for three months and to pay fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence under Section 293 IP C . Aggrieved over the same, petitioner filed the present revision. 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 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. Further, there is no minimum punishment envisaged in the provisions under which the petitioner was convicted. Considering 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 and the long lapse of the offence, the sentence of imprisonment imposed on the petitioner is hereby reduced to that of the period already undergone by him in prison. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 10.12.2010 sur