THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Crl.R.C.No.1379 of 2009 Dated: 18th August, 2009 Between: Jabber Mohd. @ Jabber …Petitioner and 1. The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad. …Respondent. *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Crl.R.C.No.1379 of 2009 JUDGMENT: This Criminal Revision Case is directed against the judgment dated 09.06.2009 passed in Criminal Appeal No.377 of 2008 on the file of the Metropolitan Sessions Judge, Hyderabad, whereby and whereunder the learned Metropolitan Sessions Judge partly allowed the appeal setting aside the conviction for the offence under Section 457 IPC while confirming the conviction of the petitioner/accused for the offence under Section 380 IPC, and confirmed the order of keeping the petitioner/accused in Special Home for boys for one year as per the provisions under Section 15(1)(g) of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, ‘the Act’) passed in C.C.No.321 of 2008 on the file of V Additional Chief Metropolitan Magistrate-Principal Magistrate of Juvenile Justice Board at Hyderabad. 2. The detention period of one year in C.C.321 of 2008 is ordered to run concurrently with the detention period ordered in C.C.No.52 of 2007 and C.C.No.21 of 2008. 3. Facts of the case in brief are: The petitioner was challaned before the Principal Magistrate of Juvenile Justice Board at Hyderabad (V Additional Chief Metropolitan Magistrate) for the offences under Sections 457/380 IPC. On due enquiry/trial, the learned Principal Magistrate of Juvenile Justice Board found the petitioner/accused guilty for the offences under Sections 457/380 IPC and convicted him accordingly and sent him to Special Home for Boys for his well being and good behaviour and also for his reformation and rehabilitation for a period of one year as per the provisions under Section 15(1)(g) of the Act, by judgment dated 20.11.2008. Assailing the judgment of conviction, the petitioner filed Criminal Appeal No.377 of 2008 on the file of the Metropolitan Sessions Judge, Hyderabad. The learned Metropolitan Sessions Judge, on considering the material brought on record and on hearing the counsel appearing for the petitioner/accused and the prosecution, partly allowed the appeal setting aside the conviction for the offence under Section 457 IPC while confirming the conviction of the petitioner/accused for the offence under Section 380 IPC and confirmed the order of keeping the petitioner/accused in Special Home for boys for one year, by judgment dated 09.06.2009. Hence, this revison. 4. When the revision case came up for admission, with the consent of learned counsel appearing for the petitioner/accused, it is taken up for final disposal. 5. Heard learned counsel appearing for the petitioner/accused and learned Additional Public Prosecutor appearing for the respondent/State. 6. Learned counsel appearing for the petitioner/accused submits that the petitioner has been in special home for the last ten months and therefore, the period of remand to the Special Home may be confirmed to the petitioner already undergone by him. 7. The petitioner/accused is aged about 17 years as on this day and he has been in special home for boys for the last 10 months. Keeping in view the facts and circumstances of the case, the period ordered to be spent in special home is reduced to the period already undergone by him. 8. Accordingly, the Criminal Revision Case is partly allowed at the admission stage reducing the one year period of detention of the petitioner in Special home for boys for his well being and good behaviour and also for his reformation and rehabilitation to the period of detention in Special Home for Boys already undergone by him. The petitioner/accused is directed to be set at liberty forthwith, if he is not otherwise required in any other case. ______________________ B.SESHASAYANA REDDY, J. Date:18th August, 2009. cs