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Judgment
This Criminal Revision Case is filed against the Judgment, dated 11.08.2008 passed in Criminal Appeal No.20 of 2007 on the file of the Court of II Additional District and Sessions Judge, East Godavari at Amalapuram, by confirming the Judgment of conviction dated 08.01.2007 passed in C.C.No.58 of 2003 on the file of the learned Additional Judicial First Class Magistrate, Kothapeta.
Brief facts of the case are that the revision petitioner is working as a clerk in Durga Finance Corporation, which was run by P.W.1 and he used to collect amounts from the members and remitting the same into the Corporation. Accordingly, he had collected amounts from the members of chits and issued receipts. He was maintaining triplicate carbon copy receipts and triplicates were retained in the books. While issuing receipts to the subscribers of the chits was noting the amount received correctly in the receipt issued by him, but he was showing lesser amount in the carbon copy maintained for the company. Thus, the accused misappropriated certain amounts.
Having come to know about the misappropriation of amounts by the accused, P.W.1 verified the accounts and found that the accused had misappropriated the funds. On questioning the same, revision petitioner had admitted that he had misappropriated certain amounts and to that effect, he had given a letter on 17.07.2002. Subsequently, P.W.1 gave a report to police on 27.07.2002, basing on it, P.W.8 being the investigating officer, registered a case in Cr.No.94 of 2002 for the offences punishable under Sections 468, 420 and 406 of Indian Penal Code(for short 'IPC').
In support of its case, the prosecution examined P.Ws.1 to 9 and marked Exs.P1 to P61. No evidence has been adduced on behalf of the defense side.
After going through the entire material on record, the learned Magistrate while acquitting the accused for the offences under Sections 420 and 468 of IPC, convicted him for the offence under Section 406 of IPC and sentenced him to suffer Rigorous Imprisonment for a period of one (1) year.
Aggrieved by the said conviction and sentenced the revision petitioner filed Crl.A.No.20 of 2007 before the learned II Additional District and Sessions Judge at Amalapuram. The learned Additional Sessions Judge after going through the entire evidence on record and on appraisal of the entire evidence, confirmed the conviction for the offence under Section 406 of IPC. However, the learned Additional Sessions Judge reduced the sentence of imprisonment from one(1) year to three (3) months. Accordingly, the appeal was allowed in part.
Aggrieved by the same, the petitioner filed the present Criminal Revision Case before this Court.
Heard learned for the revision petitioner and the learned Special Assistant Public Prosecutor for respondent / State.
Learned Counsel for the petitioner submits that he is not going into the merits of the case and he is only contending with regard to the sentence and submitted that the offence took place in the year, 2002 and amount misappropriated by him was Rs.7,902/- only. It is also represented by the learned Counsel for the petitioner that the revision petitioner has been in judicial custody during pendency of the trial and after the judgment passed by the appellate Court, in view of that, he pleaded lenient view may be taken.
On the other hand, the learned Additional Public Prosecutor opposed the same.
Having gone through the entire material on record and the nature of offence and the amount misappropriated by the petitioner, it is justifiable and appropriate to reduce the sentence of imprisonment alone.
In that view of the matter, Criminal Revision Case is dismissed by confirming the conviction, but modifying the sentence from three (3) months to period already under gone. The petitioner is directed to pay a fine of Rs.5,000/- in default to suffer Simple Imprisonment for one (1) month. Accordingly, the Judgment, dated 11.08.2008 passed in Criminal Appeal No.20 of 2007 on the file of the Court of II Additional District and Sessions Judge, East Godavari at Amalapuram, is modified to that extent.
With the above modification, the Criminal Revision Case is dismissed.
As a sequel, pending miscellaneous applications, if any, shall stand closed.