IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1448 of 2008 OM PRAKASH MAHTO……Petitioner Versus STATE OF BIHAR …..Opposite party ----------- 2 11.12.2008. This revision has been preferred against the judgment and order dated 22.10.2008 passed by Sessions Judge, Katihar in Cr. Appeal No.120 of 2006 thereby the judgment of conviction and sentence dated 8.11.2006 passed by Railway Judicial Magistrate, Katihar in G.R. No. 24 of 1999/ Trial No. 169 of 2006 has been affirmed. It appears that learned magistrate vide judgment dated 8.11.2006 has convicted this petitioner under Section 379/411 of the IPC and sentenced him to under go simple imprisonment for one year. Heard learned counsel for the both the parties. Learned counsel for the petitioner presses this application only on the point of sentence. It is submitted that the case is based on the evidence of solitary witness. This is a case of the year 1999. In a petty nature of the evidence, the petitioner has suffered mental agony for more than nine years. He has remained in jail custody for more than three and a half months. Considered the submission of learned counsel for the petitioner and perused the judgments of both the courts below. It is a case of the year 1999. The case is based on the evidence of solitary witness. The petitioner has remained in jail custody for more than three months. Thus, having regard to the facts and circumstances, while - 2 - affirming the order of conviction of the petitioner the sentence awarded to him is hereby modified to the extent of period already undergone. Accordingly, this Cr. Revision is dismissed with the above modification in the sentence. The petitioner is directed to be released at once if not warranted in any other case. Let this order be communicated through fax to the court below on the cost of the petitioner. kanchan (Ghanshyam Prasad, J.)