THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.424 OF 2005 DATED 24th JUNE, 2011. BETWEEN : Padmanabha Das … Revision Petitioner- Accused and The State of A.P. … Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.424 OF 2005 ORDER: This Criminal Revision Case is filed by the revision petitioner- accused challenging the judgment dated 09.03.2005 rendered in Criminal Appeal No.338 of 2004 by the learned I Additional Sessions Judge, Guntur. Initially, petitioner-accused was prosecuted in C.C.No.240 of 2003 by the learned VI Additional Munsif Magistrate, Guntur, wherein by judgment dated 18.08.2004 he was found guilty for the offence punishable under Section 381 of Indian Penal Code, convicted under Section 248 (2) Cr.P.C. and sentenced to undergo simple imprisonment for one year and also to pay fine of Rs.500/-, in default to suffer simple imprisonment for one month. Aggrieved over the said conviction and sentence, petitioner-accused preferred an appeal. The learned Sessions Judge while dismissing the appeal confirmed the conviction and sentence imposed by the trial Court. Challenging the same, present revision has been preferred. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing for the main prayer confined his arguments only to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. 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 offence took place in the year 2003 and for all these years the petitioner suffered humiliation and also stigma in the society. Further, the entire cash has been recovered. Considering these circumstances and also the petitioner being the first offender this Court is of the view that it is not necessary to send the petitioner to prison after lapse of all these years and some leniency can be shown towards him in imposition of sentence. Accordingly, the conviction imposed by the trial Court and as confirmed by the Appellate Court is hereby confirmed. However, the sentence of imprisonment imposed on the petitioner is hereby reduced to that of the period already undergone by him in prison. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 24.06.2011 sur