THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL Nos.81 and 95 OF 2004 DATED 23rd NOVEMBER, 2010. BETWEEN : The Public Prosecutor .. Appellant-Prosecution and Dunna Krishna ..Respondent-Accused THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL Nos.81 and 95 OF 2004 COMMON JUDGMENT: Since the parties in both these appeals are one and same, both the appeals are together disposed of by this common judgment. These Criminal Appeals under Section 377 (1) of the Code of Criminal Procedure (for short ‘Cr.P.C.’) are filed by the appellant- Prosecution challenging the sentence and conviction imposed against the accused in C.C.Nos.60 of 2002 and 59 of 2002 respectively by the learned II Metropolitan Magistrate, Visakhapatnam, wherein the learned Magistrate convicted the accused under Section 241 Cr.P.C. for the offence punishable under Section 411 IPC and sentenced him to undergo simple imprisonment for two months in each case. The allegations against the accused in C.C.No.60 of 2002 are that on 28.01.2001 at 5-30 a.m. he committed theft of 5 sarees, one gold chandraharam chain, gold black beeds chain, gold necklace, two gold bangles, 3 gold rings, National VCP, Rs.5000/- cash. Basing on the report of L.W.1 that some unknown persons committed theft of his belongings, Police registered a case in crime No.19 of 2001 under sections 457 and 380 IPC and after completion of investigation, they filed charge sheet against the accused. The allegations against the accused in C.C.No.59 of 2002 are that in between 17.07.2001 to 26.07.2001, he entered into the house of L.W.1 and committed theft of one set of pearls, 5 gold bangles, 1 gold ring, black beeds, 3 sets of gold ear studs, baby gold waist thread, baby gold watch, baby gold chain, one gold bowl, 8 silver glasses, 4 silver rice bowls, 2 silver plates, Rs.35,000/- cash, all worth Rs.1,12,000/-. Basing on the report of L.W.1 that some unknown persons committed theft in his house, Police registered a case in crime No.126/2001 for the offence punishable under Sections 454 and 380 IPC and after completion of investigation they filed charge sheet against the accused. When examined under Section 239 Cr.P.C. and charge under Section 411 IPC has been framed against the accused in two calendar cases, he admitted the offences and pleaded guilty voluntarily. Hence, the learned Magistrate convicted the accused under Section 241 Cr.P.C. as stated above. Being aggrieved by the same, present appeals have been preferred by the Prosecution. This Court perused the material on record and also heard the arguments. The only point before this Court is ‘whether for an offence under Section 411 IPC, the learned Magistrate can convict the accused only for a period of two months?’ On presentation of appeals, notice was sent to the respondent- accused. In spite of service of notice, none appears for the respondent-accused. The learned Public Prosecutor submits that the accused is having two cases, in which, a punishment of two months has been imposed by the trial Court. Accused is also involved in some other cases. Since he being the habitual offender, the sentence imposed by the trial Court has to be enhanced. The occurrence pertains to the year 2001 and the accused was convicted in the year 2002. After a lapse of eight years, any order as prayed by the Prosecution is of no use. It also seems that the accused is a poor person not having any other livelihood and he has to lookafter his family members. In view of the same and also in view of the punishment envisaged in section 411 IPC, this Court is of the view that there is no need to interfere with the sentence of imprisonment imposed by the learned trial Judge. Therefore, both the Criminal Appeals are dismissed. ________________________ JUSTICE RAJA ELANGO Dated : 23.11.2010 sur