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M.P. Singh vs State Of U.P. on 19 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 34

Case :- CRIMINAL REVISION No. – 1408 of 1994

Revisionist :- M.P. Singh

Opposite Party :- State Of U.P.

Counsel for Revisionist :- V.S. Singh

Counsel for Opposite Party :- AGA

Hon’ble Sudhir Agarwal,J.

1. Heard Sri V.S. Singh, learned counsel for revisionists, learned A.G.A. for State and perused the record.

2. This criminal revision under Section 397/Section401 Cr.P.C., has been filed aggrieved by judgment and order dated 08.09.1994. The IInd Additional Chief Judicial Magistrate, Banda vide order dated 15.01.1993 passed in Case No. 275/IX/92 arising out of Crime No. 34 of 1991 convicted respondent under Section 354 IPC and sentenced him to undergo three months rigorous imprisonment and acquitted from offence under Section 323 IPC. Thereagainst, accused preferred Criminal Appeal No. 5 of 1993 which was rejected by Appellate Court vide impugned judgment dated 08.09.1994. Being aggrieved, accused-appellant preferred present revision.

3. Counsel for revisionist at the very outset stated that he is not assailing judgment of the Courts below on merits, but is seeking mercy stating that this is an old matter and accused-revisionist is now attained advanced age, therefore, sentence of imprisonment awarded to him be reduced to the period already undergone.

4. Looking to the entire facts and circumstances and also the fact that revisionist has attained advanced age, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Section 354 IPC to the period already undergone.

5. Accordingly, Revision is partly allowed. Conviction of accused-revisionist is maintained, but, sentence awarded by Court below is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionist.

6. Certify the judgment to the Court below immediately.

Order Date :- 19.9.2019

Siddhant Sahu

 

 

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