Madras High CourtCRL RC(MD)/253/2013partly allowed

Pandiyan, v. The Sub Inspector Of Police,

2019-07-05Honourable Mr Justice G.R.Swaminathan2 pages

Bail Slip The Appellant/Accused is Pandiyan S/o.Jegannathan, was released on bail (Accused not in Jail) order dated 18.03.2013 made in MP(MD)1 of 2013 in Crl.RC(MD)No.253 of 2010. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD)No.253 of 2013 Pandiyan ... Petitioner/Appellant Accused Vs The State represented by, The Sub Inspector of Police, All Women Police Station, Aranthangi, Pudukottai District.

... Respondent/Respondent Complainant PRAYER: Petition filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the Judgment dated 21.12.2012 rendered in C.A.No.19 of 2012 by the Additional District and Sessions Court, Pudukottai, whereby the appeal filed by the appellant was dismissed, confirming the Judgment of Judicial Magistrate Court, Aranthangi in C.C.No.390 of 2008, on 03.04.2012 and set aside the same acquitting the appellant. For Petitioner : Mr.N.Balakrishnan For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The revision petitioner herein was convicted for the offences under Section 498(A) of IPC and Section 4 of Dowry Prohibition Act in C.C.No.390 of 2008 on the file of the Additional District and Sessions Court, Pudukottai. Both the sentences were to run concurrently. The same was confirmed by the Appellate Court in Crl.A.No.19 of 2012 on the file of the Additional District and Sessions Court, Pudukottai. The same are under challenge in this revision case.

2.The learned counsel appearing for the revision petitioner stated that having regard to the evidence on record, he would not contest the finding of guilt. He only wanted leniency to be shown in the matter of sentence.

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3.Taking note of the lapse of time and other special facts and circumstances obtaining in this case, even while sustaining the conviction imposed on the petitioner, this Court modifies and reduces the sentence of imprisonment to the period already undergone by him.

4.With this modification in the matter of sentence, this criminal revision case is partly allowed.

Sd/- Assistant Registrar (A.E) // True Copy // Sub Assistant Registrar(CS ) rmi To 1.The Additional District and Sessions Court, Pudukottai. 2.The Judicial Magistrate Court, Aranthangi. 3.The The Sub Inspector of Police, All Women Police Station, Aranthangi, Pudukottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madruai.

Copy to: The Section Officer Criminal Section/Records, Madurai Bench of Madras High Court, Madruai.

+1CC to Mr.N.BAlakrishnan, Advocate, SR.No.73783. Crl.R.C(MD)No.253 of 2013 05.07.2019 CS(06.08.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/