[G] Respoadeiat Ditip Patel S/o Hemlal Patel aged 32 years R/o Kharoud Thana Shivinarayan Distt. Janjgir Cbainpa (C.G.). State of CI Magisti'ate (C.G.). htiatdsgarh Through District Distt. Janjgir Cbampa Present:- Shri Avinash Mishra, Advocate for the applicant. Shri U.K.S. Chandel, P.L. forthe State/respondent. 2. By this criminal revision applicant has challenged the legality and propriety of the judgment dated 27/1/l0 passed by 2nd Additional Sessions Judge (F.T.C.) Janjgir in criminal appeal No. 07/10 affirming the judgment of conviction and order of sentence dated 11/1/10 passed by Judicial Magistrate First CIass, Panigarh in criminal case No. 307/09 whereby learned Judicial Magistrate First Class, Pamgarh has cpnvicted the applicant under Sections 456 8s 354 of the Indian Penal Code and sentenced rigorous imprisonment for 6 months and fine of Rs. 3,000/- and rigorous imprisonment for 6 months and fine ofRs. 3,000/-. Conviction is impugned on the ground that without any iota of evidence Court below has conmcted and sentenced the applicant as aforementioned. After argument at length counsel for the applicant submits that in the light of ev-idence of prosecution witnesses is not disputing the conviction but prays for lenient view in sentencingthe applicant. ^- Leamed counsel for the applicant further argued that applicant is aged about 32 years. Both the parties were in inimical terms and considering the peculiar facts the sentence period already undergone and fine would serve the purpose ofcriminaljustice. On the other hand, leamed counsel for the State/respondent opposed the criminal revision. Applicant was in custody for 19 days during trial, presently he is in custody since 27/1/10 till today. His total period of detention is 60 days. He is already paid fine of Rs. 3.000/- + Rs. 3,000/- = Rs, 6,000/-. Considering the gravity of the offence and sentence imposed upon the applicant, I am of the view that sentence of custodial period and fine already awarded would serve the purpose of criminal justice. Consequently, the crimina] revision is allowed. Conv-iction ol the applicant Under Sections 354, 456 of the Indian Penal Code is hereby maintained and sentenced of rigorous imprisonment for 6 months and fine of Rs. 3,000/- and rigorous imprisonment for 6 months and fine of Rs. 3,000/- is altered into custodial period (already undergone) and fine of Rs. 3,000/- + Rs. 3,000/- (already imposed ) and paid. Applicant be released immediately if not required in any other case. Certified copy today. Sd/- T.P. Sharma Judge •L ^ ^ OK St