THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.1404 OF 2007
ORDER:
The present Criminal Revision Case is filed under Sections 397 and 401 of Code of Criminal Procedure (for short 'Cr.P.C.'), to set aside the order dated 04.10.2017 in Criminal Appeal No.50 of 2005 passed by the Additional Metropolitan Sessions Judge, Cyberabad, NTR Nagar, Hyderabad, confirming the judgment dated 22.08.2005 passed in C.C.No.902 of 1999 on the file of II Metropolitan Magistrate, Cyberabad, Ranga Reddy District, Hyderabad.
2. The 2nd respondent who is the wife of petitioner filed a complaint alleging that she was married to this petitioner on 04.12.1997 and dowry was also given. Thereafter, the petitioner harassed for additional dowry. Unable to bear the harassment, the 2nd respondent filed a criminal complaint. The said complaint was registered for the offences under Sections 498-A, 509, 324, 420 of Indian Penal Code (for short "IPC") and Sections 3 and 6 of Dowry Prohibition Act. After completion of investigation, charge sheet was filed for the said offences vide C.C.No.902 of 1999. The learned II Metropolitan 2 Magistrate, Cyberabad, Ranga Reddy District, Hyderabad, on consideration of the evidence of the witnesses i.e., PW1 to PW8 and marking Ex.P1 to Ex.P3 found that this petitioner and his father(Accused No.2) guilty of the offence under Section 498-A of IPC and sentenced this petitioner to six (06) months imprisonment. However, keeping in view the condition of Accused No.2, he was to sit in the Court till rising of the Court as a special case. The petitioner preferred an appeal before the Additional Metropolitan Sessions Judge, Cyberabad, NTR Nagar, Hyderabad, vide Criminal Appeal No.50 of 2005 and the learned Sessions Judge dismissed the appeal confirming the judgement of the learned Magistrate.
3. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State. Perused the record.
4. Learned counsel for the petitioner would submit that several contradictions had crept into the evidences of witnesses and all the said contradictions were not considered by the court. However, he confined his prayer to reduce the sentence of imprisonment.
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5. The complaint is of the year 1998 and the petitioner has undergone nearly 25 years of court proceedings. In the present case, this court has directed the petitioner to surrender before the trial court and after his surrender, this court has granted bail to the petitioner on 24.10.2007. Since the petitioner is aged above 60 years, this court deems it appropriate to reduce the sentence of imprisonment to the period already undergone for the offence under Section 498-A of IPC would meet the ends of justice.
6. Accordingly, the Revision Case is partly allowed.
Miscellaneous Petitions, if any, pending, shall also stand closed.
_________________ K. SURENDER, J Date: 05.01.2023 rev