THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.958 OF 2005 DATED 7th OCTOBER, 2010. Between : M.Prasad ..Petitioner-Accused No.5 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.958 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-A.5 against the judgment, dated 13.04.2005, rendered in Criminal Appeal No.239 of 2001 by the I Additional Sessions Judge, Nellore. Initially, the petitioner-A.5 and four other accused were prosecuted in C.C.No.147 of 1997 for the offence punishable under Sections 325 read with 34 of Indian Penal Code (for short ‘IPC’) wherein after due trial, learned Judicial Magistrate of First Class, Atmakur, acquitted A.1 to A.4 under Section 248 (1) Cr.P.C. for the offence punishable under Section 325 read with 34 IPC, but convicted the petitioner-A.5 under Section 248 (2) Cr.P.C. and sentenced him to suffer simple imprisonment for six months and to pay a fine of Rs.500/- for the offence punishable under Section 325 read with 34 IPC. As against the said judgment and conviction, petitioner preferred Criminal Appeal No.239 of 2001 in which the learned I Additional Sessions Judge, Nellore, by impugned judgment, upheld the conviction and sentence imposed by the learned Magistrate and dismissed the appeal. Challenging the same, the present revision is filed. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. In view of the said submission, this Court is of the view that merits of the Prosecution case and impugned judgment need not be adjudicated. Admittedly, the offence took place in the year 1996 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner completed his Graduation, he is the sole breadwinner of the family and he has to look after the welfare his family members. In these circumstances, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment is modified directing the petitioner to pay a fine of Rs.5,000/-, apart from the fine amount already paid by him, within a period of six weeks from the date copy of this order is made ready. In all other respects, the impugned judgment stands confirmed. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 07.10.2010 sur