THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2138 OF 2010 DATED 22nd DECEMBER, 2010. BETWEEN : M.Pethuru @ Chinni .. Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2138 OF 2010 ORDER: This revision is filed by the petitioner-accused challenging the judgment dated 17.08.2010 rendered in Criminal Appeal No.55 of 2008 by the Principal Sessions Judge, West Godavari at Eluru, wherein the learned Sessions Judge confirmed the conviction and sentence imposed by the learned II Additional Judicial I Class Magistrate, Bhimavaram, in C.C.No.30 of 2008 on 08.02.2008 wherein the accused was convicted under Section 241 Cr.P.C. and sentenced to undergo rigorous imprisonment for one year for the offence under Section 461 of Indian Penal Code (for short ‘IPC’) and also to suffer rigorous imprisonment for two years and to pay a fine of Rs.5000/- for the offence under Section 380 IPC. Heard. The learned counsel for the petitioner submits that the appeal itself is filed before the Sessions Court informing that the petitioner- accused, who was not in a position to understand the language, pleaded guilty whereby the learned Magistrate convicted the petitioner for a period of two years. In appeal also the learned Sessions Judge confirmed the same. After arguing for sometime, the learned counsel confined his arguments only in connection with question of sentence. He further submits that the petitioner has already suffered imprisonment for eight months. In view of the said submission, the merits and demerits of the impugned judgment need not be adjudicated now. There is no minimum punishment envisaged in the said provision. Further, from the date of occurrence i.e. from the year 2007 petitioner is suffering humiliation in Society. Hence, this Court is of the view that a lenient view can be taken in favour of the petitioner in imposition of sentence. Considering these circumstances, the conviction imposed on the petitioner-accused by the II Additional Judicial First Class Magistrate, Bhimavaram, West Godavari District, in C.C.No.30 of 2008 by judgment dated 08.02.2008 and as confirmed by the learned Principal Sessions Judge, West Godavari, in Criminal Appeal No.55 of 2008 by judgment dated 17.08.2010 is hereby confirmed. However, the sentence of imprisonment is modified to that of the period already undergone by the petitioner-accused in prison. Fine amount imposed on the petitioner, if any, is not interfered with. Petitioner shall be set at liberty forthwith if he is not required in any other case. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 22.12.2010 sur