THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.417 OF 2005 DATED 3rd DECEMBER, 2010. BETWEEN : K.Appalanaidu .. Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.417 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 challenging the judgment, dated 07.03.2005, passed by the VIII Additional District & Sessions Judge (FTC), Visakhapatnam, in Criminal Appeal No.79 of 2004 wherein the learned Sessions Judge confirmed the conviction and sentence passed by the learned IX Metropolitan Magistrate, Bhumunipatnam, in C.C.No.920/2000 wherein the petitioner-accused was convicted under Section 255 (2) Cr.P.C. for the offence punishable under Sections 304A, 338 and 337 IPC and sentenced for a period of one year and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for two months, for the offence under Section 304A IPC, three months simple imprisonment and to pay fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence under Section 338 IPC and also sentenced to undergo imprisonment for two months and to pay fine of Rs.350/- for the offence under Section 337 IPC. 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 crime occurred 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 imposed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment is hereby set aside and the petitioner shall pay fine of Rs.2,000/-, Rs.500/- and Rs.500/- for the offence punishable under Sections 304A, 338 and 337 respectively. In default of payment of fine, he shall undergo simple imprisonment for one month. The fine amount now imposed on the petitioner is in addition to the fine amount imposed by the Court below. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 03.12.2010 sur