THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1914 of 2010 ORDER: The petitioner herein was tried as the sole accused by the learned III Additional Judicial Magistrate of First Class, Warangal, in C.C.No.231 of 2004, and on analysis of the evidence adduced by the prosecution, the learned III Additional Judicial Magistrate of First Class, by her judgment dated 08.10.2007, found the petitioner/accused guilty of an offence punishable under Section 409 and 420 of IPC and sentenced her to undergo Simple Imprisonment for a period of one year and to pay a fine of Rs.500/-, in default to suffer 1 ½ months Simple Imprisonment for a period of three months, for the offence punishable under Section 409 of IPC, and also sentenced her to undergo Simple Imprisonment for a period of one year for the offence punishable under Section 420 of IPC. It was further ordered that both the sentences shall run concurrently. As against the said judgment, the accused preferred appeal in Crl.A.No.93 of 2007 before the Special Sessions Judge for SC/ST Cases-cum-VII Additional District Sessions Judge, Warangal, who, after considering the matter in detail, by his judgment dated 28.09.2010, confirmed the judgment of the trial Court. Aggrieved thereby, the accused preferred the present Criminal Revision Case. The case of the prosecution, succinctly, is as follows:- The accused, during her tenure as Branch Post Master at Mogilicherla village, was entrusted to receive R.D. amounts from the account holders i.e., P.Ws.3 to 5 and also the premium amount towards Rural Postal Life Insurance from PW.6 and credit the same into the respective accounts, but she misappropriated those amounts by utilizing the same for her personal benefit and cheated the depositors. On a complaint lodged by PW.1 on 12.04.2002, PW.8 registered a case in Crime No.63 of 2002 for the offence punishable under Sections 403, 409 and 420 of IPC and took up the investigation. During the course of investigation, the statements of the witnesses were recorded and the accused was remanded to judicial custody, and after completion of investigation, the charge sheet was laid against the accused. To substantiate its case, the prosecution examined P.Ws.1 to 8 and marked Exs.P1 to P20. No oral and documentary evidence was adduced on behalf of defence. On consideration of the entire oral and documentary evidence, the trial Court found the accused guilty for the offence punishable under Section 409 and 420 of IPC and, accordingly, by judgment dated 08.10.2007, convicted and sentenced her as stated supra. Assailing the same, the accused preferred appeal in Crl.A.No.93 of 2007 before the Special Sessions Judge for SC/ST Cases-cum-VII Additional Sessions Judge, Warangal, who, after considering the matter in detail, confirmed the conviction and sentence imposed by the trial Court, by judgment dated 28.09.2010. Aggrieved thereby, the accused preferred the present Civil Revision Case. Learned counsel for the petitioner fairly conceded that it is not a fit case to acquit the petitioner, but however requested this Court to take a lenient view against the petitioner by reducing the punishment imposed on her, for the reason that she is a lady aged about 60 years and that she had suffered a sentence of about a week. On a perusal of the record, it is evident that the petitioner is aged about 60 years and that she was working as Branch Post Master of Mogilicherla village, at the relevant point of time. Further, it is found that though the Criminal Appeal No.93 of 2007 was dismissed on 28.09.2010, the petitioner/accused was not taken into custody immediately. However, as stated by the learned counsel for the petitioner and the learned Additional Public Prosecutor, the petitioner surrendered before the concerned Magistrate on 20.10.2010 and is in jail for the last three days. It is also found that the petitioner was arrested on 12.04.2004 and was in jail for some period. Thus, considering all these facts and also the submissions made by the learned counsel, this Court is of the view that a lenient view can be taken against the petitioner-accused by reducing the punishment imposed on her. In the result, the sentence of simple imprisonment for a period of one year for the offence punishable under Section 409 of IPC and also the sentence of simple imprisonment for a period of one year for the offence punishable under Section 420 of IPC, which were directed to run concurrently, imposed against the petitioner by the learned III Additional Judicial Magistrate of First Class, Warangal, by his judgment dated 08.10.2007 in C.C.No.231 of 2004, and as confirmed by the Special Sessions Judge for SC/ST Cases-cum-VII Additional District Sessions Judge, Warangal, in his judgment dated 28.09.2010 in Crl.A.No.93 of 2007, is reduced to that of the period already undergone by the petitioner. The petitioner is directed to be set at liberty forthwith, if not required in any other crime. Except the above modification, in all other aspects the Criminal Revision Case is dismissed. _________________________ GOPALA KRISHNA TAMADA,J 22.10.2010 v v / Note: Dispatch order copy forthwith. B/o v v