THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.694 of 2011 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 10.02.2011, passed by the Principal Sessions Judge, East Godavari at Rajahmundry in Crl.A.No.344 of 2010, wherein and whereby the judgment, dated 27.09.2010, passed in C.C.No.184 of 2010 on the file of the III Additional Judicial Magistrate of First Class, Rajahmundry, convicting and sentencing the petitioners-accused to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs.3,000/- each, in default to suffer simple imprisonment for six months each, for the offence under punishable Section 392 IPC and further, to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs.3,000/- each, in default to suffer simple imprisonment for six months each, for the offence under punishable Section 411 IPC, which were directed to be run concurrently, was confirmed. The succinct facts of the prosecution case are that the on 12.08.2009, at about 10 pm., at Lalacheruvu Centre of Rajahmundry, P.W-1 engaged a passenger auto to go to RTC Complex, Rajahmundry, and that, in the said auto already three persons were sitting. The auto driver drove the auto into dark places and while coming into town, on the intervening night of 12/13.08.2009, at about 12.30 am., the auto driver took the auto into an open space situated behind Durga Motors Shed and stopped it in the darkness, and there, the said three persons who were already in the auto got down and forcibly dragged P.W-1 from the auto and threatened him under the fear of death and stolen away some articles from him, all worth Rs.15,000/- and beat him. On the report given by P.W-1, a case was registered and investigated into. During the course of investigation, the stolen property was recovered from the possession of the accused, which was identified by P.W-1 in the identification parade and later, the charge sheet was filed against the accused. When the matter is taken up, learned counsel for the petitioners-accused fairly conceded that this is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioners- accused are in jail since 11.10.2009 i.e., they are lodged in jail for a period of 1 ½ years. Heard both sides and perused the material papers on record. The petitioners-accused were apprehended by the Police on 11.10.2009 and were lodged in jail. Since then they have been languishing in the jail i.e., since 1 ½ years they are in jail. In view of the said fact that the petitioners-accused have been languishing in jail from a considerable length of time, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of rigorous imprisonment of three years for the offence punishable under Section 392 IPC and rigorous imprisonment of three years for the offence punishable under Section 411 IPC, which were directed to be run concurrently, imposed on each of the petitioners-accused by both the Courts below, is reduced to that of the period already undergone by them, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. As the petitioners are in jail, the Office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioners forthwith, if they are not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 23rd March 2011 DR