Abdul Rehaman v. The State

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE NO.906 OF 2015 ORDER:

This revision is preferred by A.2 challenging the judgment of Additional District & Sessions Judge, Vikarabad, R.R.District in Crl.A.No.39 of 2014 dated 20.5.2015, whereby the learned Additional District Judge confirmed the conviction imposed by the Judicial First Class Magistrate, Tandur in C.C.No.340 of 2012 dated 23.7.2014 for the offence under Section 411 IPC and sentenced him to undergo R.I. for three months and to pay a fine of Rs.1,000/-, in default, to suffer S.I. for one month.

When the matter is taken up for hearing, learned counsel for the petitioner confined his arguments only to the extent of quantum of sentence imposed on the petitioner and prayed to reduce the same in the circumstances of the case. During the trial also, the petitioner was in prison for substantial period and subsequently, in the appeal, his conviction was confirmed on 20.5.2015 and since then he is stated to be in prison. In the circumstances, the conviction recorded against the petitioner-A.2 by the Judicial First Class Magistrate, Tandur in C.C.No.340 of 2012 dated 23.7.2014 as confirmed by the Additional District & Sessions Judge, Vikarabad, R.R.District in Crl.A.No.39 of 2014 dated 20.5.

2015 is hereby confirmed, but the sentence of imprisonment of 3 months imposed by the Courts below is hereby modified and reduced to the period already undergone by the petitioner. The sentence of fine is not interfered with. The Jail authority is directed to release the petitioner forthwith, if he is not required in any other case. With the above modification, the Criminal Revision Case is disposed of. Miscellaneous Petitions, pending, if any, shall stand closed.

Send the operative portion of the order as advance order forthwith.

B/O Tsr