THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1075 OF 2005 DATED 8th OCTOBER, 2010. Between : D.Srinivasa Reddy ..Petitioner-Accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1075 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-A.1 against the judgment, dated 08.07.2005, rendered in Criminal Appeal No.38 of 2002 by the XI Additional District & Sessions Judge, Fast Track Court, Guntur at Tenali. Initially, the petitioner-A.1 and another accused were prosecuted in C.C.No.40 of 2001 for the offence punishable under Sections 304A, 337 and 338 of Indian Penal Code (for short ‘IPC’), wherein after due trial, learned I Additional Munsif Magistrate, Repalle, convicted the accused under Section 255 (2) Cr.P.C. and sentenced A.1 to undergo rigorous imprisonment for two years, simple imprisonment for three months and rigorous imprisonment for two years for the offence punishable under Sections 304A, 337 and 338 IPC respectively and also imposed fine of Rs.1000/- for the offence punishable under Sections 304A and 338 IPC each. Learned Magistrate also sentenced A.2 to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- for the offence punishable under Section 337 IPC. As against the said judgment and conviction, petitioner-A.1 preferred Criminal Appeal No.38 of 2002, in which the learned Sessions Judge by impugned judgment, upheld the conviction and sentence imposed by the learned Magistrate. 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 1998 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 imposed on the petitioner-A.1 is reduced to six months. Period of detention already undergone by the petitioner be given set off. Petitioner-A.1 is directed to surrender before the trial Court within a period of four weeks from the date a copy of this order is made ready. In all other respects including the fine amount imposed on the petitioner, the impugned judgment stands confirmed. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 08.10.2010 sur