Andhra Pradesh High Court - Amravati
CRLRC/1230/2008 on 15 February, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
CRL.R.C.1230 OF 2008
ORDER:-
Questioning the judgment passed by the learned X
Additional District & Sessions Judge,(FTC) Guntur at
Narasaraopet, dated 12-08-2008 in Crl.A.No.346 of 2006, the
petitioner/accused filed the present Criminal Revision Case.
2. The brief facts of the case are as follows:-
The accused was working as a Conductor in Reservation
Counter of APSRTC, Narasaraopet. On 06-09-2002 at 1.00 A.M
Pw.2-Assistant Depot Clerk informed Pw.1-Depot Manager over
phone that the accused, who was in charge of reservation
counter, had remitted less amount than the amount received
through sale of tickets. Immediately, PW.1 called Pw.3-Assistant
Manager and Security Guard(Lw.5) for checking of the concerned
tickets tray and relevant documents connected. Pw.3 checked
the tray No.802, which was handed over by the accused along
with the way bill in the presence of Pws.4 and 5. On comparison,
it was found that the accused actually sold tickets worth
Rs.28,783/-, whereas he remitted only Rs.4,850/- and thereby
he misappropriated an amount of Rs.23,953/- and committed
misappropriation from 06-07-2002 till 05-09-2002. Later, on the
complaint of Pw.1, police registered a case in Cr.No.228 of 2002
under Section 409 IPC. After completion of investigation, the
police filed a charge sheet. Thereafter, the case was numbered
as C.C No.368 of 2003 on the file of the Court of I Additional
Judicial I Class Magistrate, Narasaraopet.
2
3. In support of their case, the prosecution has examined
Pws.1 to Pw.6 and marked Exs.P-1 to P-16 besides exhibiting
Mos.1 and 2. Whereas, on behalf of the defence, Dw.1 was
examined and no documents got marked.
4. After completion of trial, the learned I Additional Judicial I
Class Magistrate, Narasaraopet convicted the petitioner/accused
for the offence punishable under Section 409 IPC and sentenced
him to undergo simple imprisonment for a period of one(1) year
and also to pay a fine of Rs.1000/- in default to suffer simple
imprisonment for a period of two months.
5. Questioning the said conviction and sentence, the
petitioner preferred Crl.A.No.346 of 2006 on the file of the Court
of X Additional District and Sessions Judge,(FTC), Guntur at
Narasaraopet. The appellate court after an elaborate discussion
dismissed the appeal by confirming the conviction and sentence
imposed by the trial court. Being aggrieved by the said
judgment, the petitioner/accused preferred the present Criminal
Revision Case.
6. Heard Sri C.Sharan Reddy, learned counsel for the
petitioner and Sri Soora Venkata Sainath, learned Special
Assistant Public Prosecutor.
7. After arguing for some time, the learned counsel for the
petitioner submits that as the offence had taken place way back
in 2002 and as the petitioner has lost his job already, a lenient
view may be taken in awarding the sentence of imprisonment.
Further, it is contended by the learned counsel for the petitioner
that the petitioner was in jail for about two(2) weeks.
3
8. In that view of the matter, taking into consideration that
the incident took place in the year 2002 i.e., 20 years back and
as the petitioner has already lost his job, this court is inclined to
reduce the sentence from one year to the period already
undergone. Sofar the fine amount is concerned, the same is
retained.
9. Accordingly, the Criminal Revision Case is dismissed
confirming the conviction imposed by the appellate court.
However, in view of the facts and circumstances, the sentence of
imprisonment of one year is reduced to the one of period already
undergone by him and sofar fine amount is concerned, the same
is retained.
Miscellaneous Petitions pending, if any, shall stand closed
in consequence.
__________________
K.SURESH REDDY,J
15-02-2022
.
TSNR
