HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No: 664 OF 2004 Dated 16-6-2010 Between: Bandaru Vijaya and another. …Petitioners. And: The State of Andhra Pradesh, represented by Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. …Respondent. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No: 664 OF 2004 ORDER: This Criminal Revision Case is filed under Sections 397 and 401 of Cr. P. C. challenging the judgment in Criminal Appeal No.193 of 1999 on the file of the II Additional Sessions Judge, Ongole whereunder and whereby, the conviction and sentence of Rigorous Imprisonment for a period of two years imposed in C.C.No.101 of 1996 on the file of the Judicial Magistrate of 1st Class, Markapur for the offence under Section 411 I.P.C., were confirmed. The facts of the case in brief are: Between 30-11-1995 and 12-12-1995, some unknown offenders gained entrance into the house of one Kopparapu Kesavarao at Markapur and committed theft of silk sarees, one alarm time piece, one camera, bed sheets and clothes all worth Rs.18,000/-. Further, on the intervening night of 13/14-12-1995, some unknown offenders gained entrance to the house of one Madala Sivaiah and committed theft of silver articles and wrist watch all worth Rs.5,000/-. Further on 17-12-1995, the Inspector of police along with mediators and staff arrested A.1 and A.2 when they were in possession of one wrist watch each under the cover of mahazar and seized silk sarees, bed sheets and alaram time peace. In this connection, police registered a case in crime Nos. 92 of 1995 and 94 of 1995 against the petitioners-accused and investigated into. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Learned counsel for the petitioners after arguing the case for some time confined his argument only in connection with the question of sentence. He further argued that the occurrence is pertaining to the year 1995 and after lapse of 14 years, the petitioners already suffered humiliation and the order of conviction passed by the Courts below made a stigma on the petitioners in the society. Hence, he seeks for modification of sentence of imprisonment. Learned Public Prosecutor opposed the same. It is an admitted fact that the age of the petitioners at the time of conviction was 20 and 19 years respectively. In any event, taking into consideration the lapse of time and also the fact that the petitioners already suffered three months imprisonment, this Court is of the view that there is no necessity of passing any further orders by this Court except to modify the sentence imposed by the appellate Court. In this view of the matter, the conviction passed by the appellate Court is confirmed and the sentence of imprisonment imposed by the learned appellate Court is modified to three months. The perusal of record shows that already the petitioners suffered three months imprisonment and hence, the said period is directed to be set off. With the above observation, this Criminal Revision Petition is disposed of. __________________________ JUSTICE RAJA ELANGO Dated 16-06-2010. Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No: 664 OF 2004 Dated 16-06-2010