THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.343 OF 2005 DATED 7th OCTOBER, 2010. Between : N.China Satyanarayana Reddy ..Petitioner-Accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.343 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-accused against the judgment, dated 03.03.2005, rendered in Criminal Appeal No.160 of 2003 by the II Additional District & Sessions Judge, East Godavari at Rajahmundry. Initially, the petitioner-accused was prosecuted in C.C.No.40 of 2000 for the offence punishable under Sections 452, 323 and 506 of Indian Penal Code (for short ‘IPC’) wherein after due trial, the learned Additional Judicial Magistrate of First Class, Ramachandrapuram, convicted the petitioner-accused under Section 248 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.500/- for the offence punishable under Section 452 IPC and also to undergo rigorous imprisonment for six months and one year for the offence punishable under Sections 323 and 506 IPC respectively. As against the said conviction, petitioner preferred Criminal Appeal No.160 of 2003 in which the learned II Additional District & Sessions Judge, by impugned judgment, set aside the conviction and sentence imposed on the petitioner by the trial Court for the offence punishable under Section 452 IPC and while confirming the conviction for the offence punishable under Sections 323 and 506 IPC learned Judge directed the petitioner to pay a fine of Rs.1000/- for the offence punishable under Section 323 IPC and also sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.3,000/- for the offence punishable under Section 506 IPC. Challenging the same, the present revision is filed. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments 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 2000 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinner of his family and has to look after the welfare his family members. In these circumstances, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction as modified by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment is modified to that of the period undergone by the petitioner. Further, the petitioner is directed to pay a fine of Rs.10,000/-, apart from the fine amount imposed by the trial Court, within a period of four weeks from the date a copy of this order is made ready. In all other respects, the impugned judgment stands confirmed. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 07.10.2010 sur