Telangana High Court
CRLA/1570/2010 of Mohd. Ismail, Vs The State of Andhra Pradesh, on 30 December 2010
SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1570 OF 2010 DATED 30th DECEMBER, 2010. BETWEEN : Mohd. Ismail .. Appellant- A .1 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1570 OF 2010 JUDGMENT: Present appeal is filed against the conviction
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL APPEAL No.1570 OF 2010
DATED 30[th] DECEMBER, 2010.
BETWEEN :
Mohd. Ismail
.. Appellant-A.1
and
The State of A.P.
..Respondent
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL APPEAL No.1570 OF 2010
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JUDGMENT:
Present appeal is filed against the conviction and sentenceimposed by the trial Court in S.C.No.408 of 2007 whereby theappellant herein was convicted for an offence under Sections 392 and427 of Indian Penal Code and sentenced to undergo rigorousimprisonment for seven years and six months respectively.
Heard.
After arguing for sometime, the learned counsel for theappellant confined his arguments only in connection with quantum ofsentence and informed this Court that the appellant has alreadysuffered imprisonment for 5 ½ years and he continued to be in prisonever since from the date of arrest.
Considering the date of occurrence and the long lapse of thedetention of the appellant, this Court is inclined to reduce the sentenceof imprisonment imposed on the appellant.
In the result, the conviction imposed on the appellant-A.1 by thelearned IV Additional Metropolitan Sessions Judge, Hyderabad, inSessions Case No.408 of 2007 on 19.11.2008 for the offence underSections 392 and 427 of Indian Penal Code is hereby confirmed.
However, the sentence of imprisonment imposed for the offence underSection 392 of Indian Penal Code is reduced from seven years to fiveyears. The period of detention already suffered by the appellant isdirected to be given set off under Section 428 of the Code of CriminalProcedure. Fine amount imposed by the Sessions Judge is notinterfered with. Appellant shall be released after serving the sentence,if he is not required in any other case. Remaining portion of theimpugned judgment shall stand unaltered.
With above modification, the Criminal Appeal is disposed of.
Dated : 30.12.2010sur
________________________JUSTICE RAJA ELANGO