IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1429 of 2010 KISHUN SAH …PETITIONER Versus STATE OF BIHAR …OPPOSITE PARTY For the petitioner : Mr. Vinay Kumar Mishra For the State : Mr.Jharkhandi Upadhyaya,APP ----------- 02. 04.10.2010 Rule confined to the question of sentence only. Learned APP waives service of notice on behalf of the State. Heard. With the consent of the parties, this application is now being disposed of. Counsel for the petitioner while assailing the order submits that occurrence had taken place on 16.09.1991. The petitioner was charged along with other accused persons and tried. He was convicted and sentenced to undergo S.I. for two months (u/s 323), S.I. for one month (u/s 342), and S.I. for six months (u/s 452 IPC). Such conviction was recorded by judgment and order dated 20.09.95, passed by learned Judicial Magistrate 1st Class Rosera in Tr.No. 183/95. Aggrieved by the aforesaid order, he preferred Cr. Appeal No.95/95 which was disposed of by judgment and order dated 22.7.2010 whereby the appeal of the petitioner was dismissed. It is contended that for about five years he fought and suffered the rigours and agony of trial. Thereafter the appeal of the petitioner remained pending for close to 14 years. The 2 petitioner thus had to fight criminal litigation for a long time which definitely tells upon the mental and economical condition of the litigant. It is thus contended that petitioner deserves a lessor sentence for the proven charge(s). Counsel for the State, on the other hand, supported the two impugned judgments. It is contended that two judgments passed by learned courts below cannot be said to be perverse and/or perfunctory. The occurrence had taken place on 16.09.91. The petitioner fought criminal litigation for more than 14 years. He was not charged under section 354 IPC for outraging the modesty of the victim. He was found aged about 30 years at the time of recording conviction. Having regard to these aspects of the matter, this Court is convinced that a lessor punishment for the proven charge(s) shall meet the ends of justice. For all these reasons, the order of sentence to undergo S.I. for six months recorded under section 452 IPC is reduced to S.I. for three months. Other part(s)/condition(s) of the sentence shall remain intact With the aforesaid modification in sentence, the application is dismissed. hr ( Kishore K. Mandal )