THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL APEAL No.1167 of 2010 DATED: 08-10-2010 ORDER: On the basis of the report given by one Davuluru Jyothi, who was examined as P.W.1, a case in Cr.No.102 of 2009 was registered by the police, Repalle against the appellant herein for the offences punishable under Sections 417, 420, 506 and 509 IPC and Sections 3 (1) (x) 3 (1) (xii) of the SCs & STs (POA) Act (for brevity, ‘the Act’) and after completion of investigation charge sheet was filed. After committal, the same was numbered as S.C.No.4/S/2010 before the learned Special Sessions Judge-cum-IV Additional Sessions Judge, Guntur. 2. During the course of trial, P.Ws.1 to 13 were examined and Exs.P1 to P11 were marked on behalf of the prosecution. No oral or documentary evidence was adduced on behalf of the defence. 3. Having analyzed the entire evidence, the trial Court came to the conclusion that the appellant is not guilty of the offences punishable under Sections 420, 506 and 509 IPC and Sections 3 (1) (x) and 3 (1) (xii) of the Act, however found him guilty of the offence punishable under Section 417 IPC and accordingly sentenced him to undergo rigorous imprisonment for a period of one year and also to pay fine of Rs.2000/-, in default to undergo simple imprisonment for a period of one month. Aggrieved thereby, the present appeal is filed by the appellant. 4. Heard both sides. Perused the record. 5. Learned counsel for the appellant fairly conceded that it is not a fit case for interference, however requested this Court to take a lenient view having regard to the fact that the appellant was in jail for 37 days. 6. From the above, it is clear that the appellant was in jail for a period of 37 days. As the offence for which he was convicted is only under Section 417 IPC and as he was in jail for a period of 37 days, this Court is of the view that the said sentence can be reduced to that of the period already undergone by him. 7. Accordingly, the sentence of rigorous imprisonment of one year imposed against the appellant–Ogiboina Srinivasa Rao, S/o Chenchaiah by the learned Special Judge for trial of cases under SCs & STs (POA) Act, 1989-cum-IV Additional District & Sessions Judge, Guntur in S.C.No.04/S/2010, vide judgment, dated 30-09- 2010, is reduced to that of the period already undergone by him. Appellant is directed to be set at liberty forthwith if not required in any other crime. Except the above modification in all other aspects the appeal is dismissed. _______________________________ GOPALA KRISHNA TAMADA,J 08th October, 2010. Tsy