THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.559 OF 2005 DATED 16th SEPTEMBER, 2010. BETWEEN : V.Subba Rao & another ..Petitioners-Appellants and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.559 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioners-A.2 and A.3 against the judgment, dated 04.02.2005, rendered in Criminal Appeal No.173 of 2004 by the II Additional District & Sessions Judge, Ongole, confirming the judgment of conviction and sentence passed in C.C.No.260 of 2004 on 26.11.2004 by the II Additional Judicial Magistrate of First Class, Ongole, in which the petitioners and other accused were acquitted under Section 248 (1) Cr.P.C. for the offence punishable under Sections 454 and 380 of Indian Penal Code, but were convicted under section 248 (2) of the Code of Criminal Procedure and sentenced to undergo rigorous imprisonment for one year for the offence punishable under section 411 of Indian Penal Code. Heard. After arguing for sometime, the learned counsel for the petitioners 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 petitioners. 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 2004 and for all these years the petitioners suffered humiliation and also stigma in the society. It is represented that the petitioners are the sole breadwinners of their respective families and have to look after the welfare their family members. In these circumstances, this Court is inclined to show some lenience against the petitioners. 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 imposed on the petitioners-A.2 and A.3 is hereby modified sentencing them to undergo simple imprisonment for a period of two months. Learned counsel for the petitioners submitted that the petitioners have already undergone imprisonment for two months. As such, the period of imprisonment undergone by the petitioners shall be given set off as against the imprisonment imposed by this Court. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 16.09.2010 sur