THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2071 of 2004 ORDER: 1 The petitioner herein was tried as accused in C.C.No.291 of 2003 for the offence punishable under sections292 and 293 of IPC and Sections 6 of I.R.W.P. Act by the learned IV Additional Munsif Magistrate, Guntur. During the course of trial, the prosecution examined P.Ws.1 to 4 and got marked Exs.P.1 to P5 and M.Os.1 to 5. The learned Magistrate having assessed the entire evidence both oral and documentary, though acquitted the petitioner for the offences punishable under sections 293 of IPC and under section 6 of I.R.W.P. Act, but, however, found the petitioner guilty of the offence punishable under section 292 (2) (d) of IPC and accordingly sentenced him to undergo simple imprisonment for a period of one month and also to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for a period of 14 days. As against the said judgment dated 28.11.2003, the petitioner preferred Criminal Appeal No.448 of 2003 and the learned II Additional District & Sessions Judge, Guntur by his judgment dated 14.12.2004 while confirming the said findings given by the trial court, dismissed the said appeal. Questioning the same the accused before the trial court preferred this revision. 2 The case of the prosecution in brief is that the petitioner is in the habit of indulging in sex with other women and also used to arrange a camera without the knowledge of the women while indulging in sex and take their photos in such a position with the help of remote of the camera and on 12.05.2003 at about 9.30 PM on the information given by one Veduruparthi Sagar Babu about the accused bringing such films for cleaning in the lab, the Sub Inspector of Police – P.W.4 along with his staff and mediators (P.Ws.2 & 3) surprised the lab and found the petitioner getting down from the lab, through steps with nude photos of women while indulging in sex and the petitioner was stopped and checked and they found 36 nude photos of women in a compromise position with males and 34 ordinary photos and one Olumpus camera with remote and found the photos in most obscene way. Then the petitioner was arrested and the above material was seized from his possession under the cover of a mediators report. In that connection a case in Cr.No.57 of 2003 under sections 292 and 293 of IPC and under section 6 of I.R.W.P. Act was registered and investigated into and after completion of investigation the police filed the charge sheet. 3 Heard both sides. 4 The learned counsel for the petitioner submitted that this is not a fit case for interference, but, however, he requested the court to take a lenient view in so far as the sentence of imprisonment is concerned. 5 Having regard to the submissions made by the learned counsel for the petitioner this court looked into the record. The appellate court dismissed the appeal on 14.12.2004 and the petitioner was taken into custody immediately. It is only after the revision was admitted and bail was granted by this court on 17.12.2004, the petitioner came out of the jail. From the above, the petitioner was in jail for a period of four days. In that view of the matter, since the offence for which the petitioner was convicted and sentenced relates to the year 2003, and as the petitioner was in jail for a period of 4 days, and inasmuch as the sentence of imprisonment imposed on the petitioner was only one month, this court takes a lenient view and reducing the said sentences of imprisonment imposed by the courts below to that of the period, which the petitioner had already undergone. 6 Excepting the above modification, this revision in all other aspects is dismissed. -------------- 28.01.2011 Kvsn