THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.583 OF 2005 DATED 23rd DECEMBER, 2010. BETWEEN : D.Pundarikaksham .. Petitioner-A.2 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.583 OF 2005 ORDER: This is a revision arising out of sentence and conviction imposed on the petitioner-accused in Criminal Appeal No.74 of 2001 on 04.04.2005 by the learned II Additional District and Sessions Judge (Fast Track Court), Srikakulam. Initially, the accused was prosecuted in C.C.No.356 of 2003 by the learned Judicial Magistrate of First Class, Srikakulam, wherein he was convicted under Section 248 (2) Cr.P.C. for the offence under Sections 408, 468 and 471 of Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.2,000/- under each count. Challenging the same, petitioner preferred an appeal. In appeal, the learned Sessions Judge set aside the conviction and sentence imposed by the trial Court for the offence under Section 468 IPC and accused was acquitted for the said charge. However, the learned Sessions Judge confirmed the conviction and sentence imposed on the petitioner for the offence under Sections 408 and 471 IPC. Aggrieved over the same, petitioner filed the present revision. Heard. After arguing for sometime, the learned counsel for the petitioner confined his arguments only to the extent of imposition of sentence and prayed this Court to show some indulgence on the petitioner. In view of the said submission of the learned counsel for the petitioner, the merits and demerits of the prosecution case and impugned judgment need not be adjudicated now. Petitioner is a retired employee and he has also paid the said amount of Rs.54,000/- on the basis of the surcharge proceedings. He also suffered imprisonment for a considerable period. Considering these circumstances, this Court is of the view that some lenience can be shown towards the petitioner in imposition of sentence. Accordingly, the conviction imposed by the trial Court and as modified by the Appellate Court is hereby confirmed. However, the sentence of imprisonment is modified 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 : 23.12.2010 sur