THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.639 OF 2005 DATED 8th DECEMBER, 2010. BETWEEN : U.Sundaramma ..Petitioner-Appellant and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.639 OF 2005 ORDER: This is a revision arising out of conviction and sentence passed by the learned II Additional Sessions Judge, East Godavari at Rajahmundry in Criminal Appeal No.75 of 2003 on 02.02.2005. Initially, the petitioner-accused was prosecuted by the learned Additional Assistant Sessions Judge, Rajahmundry in Sessions Case No.191 of 2002 in which the accused was convicted under Section 235 (2) Cr.P.C. and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence punishable under Section 376 read with 114 of Indian Penal Code (for short ‘IPC’) and also sentenced to undergo rigorous imprisonment for six months for the offence punishable under Section 417 IPC. Challenging the same petitioner filed appeal. In appeal, the learned II Additional Sessions Judge set aside the conviction of the trial Judge for the offence under Section 417 IPC while confirming the conviction and sentence imposed for the offence punishable under Section 376 read with 114 IPC. Aggrieved over the same, present revision has been preferred. 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 occurrence took place in the year 2001 and for all these years the petitioner suffered humiliation and also stigma in the society. Further the learned counsel for the petitioner submits that the main accused married the victim girl and they are leading happy marital life. In these circumstances and also in view of the petitioner being charged as instigator, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court and as modified by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, 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 including fine amount shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 08.12.2010 sur