THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE .No.109 of 2011 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 18.01.2011, passed by the IV Additional Sessions Judge, East Godavari, Kakinada in Crl.A.No.33 of 2009, wherein and whereby the judgment, dated 20.02.2009, passed in C.C.No.121 of 2005 on the file of the III Additional Judicial Magistrate of First Class, Kakinada, convicting and sentencing the petitioner-accused to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for three months for the offences punishable under Sections 417 and 420 IPC was confirmed. The case of the prosecution in brief is that the accused developed acquaintance with the victim while she was going to the college, which turned to love and the accused promised that he will marry her. The victim believing him, moved closely with him. The accused also developed acquaintance with the family of the victim and taking advantage of the same, he used to visit their house frequently and he also had sexual intercourse with the victim promising that he would marry her. In October, 2004, the accused took one golden ring having impression of Goddess Lakshmi from the victim to meet his expenses but did not return and the victim also did not demand to return the same as the accused promised that he will marry her. While so, in January 2004, the victim was found to be pregnant and when her parents asked the accused to marry her, he refused and that it was also learnt that the marriage of the accused with another lady was fixed. As such, the complaint was lodged, investigated into and the charge sheet was filed against the accused for the offences punishable under Sections 417 and 420 IPC. Learned counsel for the petitioner submitted that as the accused and the victim moved together closely, it cannot be said that the petitioner had an intention to marry her and cheated her. Hence, he prayed this Court to take a lenient view and acquit the petitioner of the said offences. Having heard the submissions of the learned counsel for the petitioner, this Court looked into the record. From the record, it is clear that the petitioner was arrested on 21.03.2005 and thereafter he was enlarged on bail on 24.03.005. Subsequently, when the appeal was dismissed on 18.02.2011, he was again taken into custody and as on today, he is in jail. Thus, it is clear that the petitioner is in jail for a period of about ten days and as the alleged offence is of the year 2004 and that as it cannot be said that the petitioner had an ill- intention to cheat the victim at the inception, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of one year for the offences punishable under Sections 417 and 420 IPC imposed on the petitioner-accused by both the Courts below is reduced to that of the period already undergone by him, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. As the petitioner is in jail, the Office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioner forthwith, if he is not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 25th January 2011 dr