Madras High Court
Raman vs State Represented By The on 21 June, 2019
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.R.C(MD)No.177 of 2011
Raman ... Petitioner
Vs
State represented by the
Inspector of Police,
District Crime Branch,
Ramanathapuram.
(Crime No.18/2009) ... Respondent
PRAYER: Petition filed under Section 397 r/w 401 of Criminal
Procedure Code, to call for the records of the learned Principal
District and Sessions Judge, Ramanathapuram in Crl.A.No.41 of
2010 by Judgment dated 10.12.2010, confirming the conviction and
sentence of imposed by the learned District Munsif-cum-Judicial
Magistrate, Rameswaram made in C.C.No.131 of 2009, by the
Judgment dated 15.07.2010 and set aside the Judgments of the
Courts below and acquit the petitioner.
For Petitioner : Mr.K.Veluchamy
For Respondent : Mr.A.Robinson
Government Advocate (Crl.side)
http://www.judis.nic.in
2
ORDER
The petitioner was found guilty of the offence under Sections 409 and 420 of IPC by the Courts below. He was sentenced to two years rigorous imprisonment on each charge. Fine amount was also imposed. Challenging the same, this criminal revision petition has been filed.
2.The petitioner's counsel submitted that he would not question the finding of guilt and that he would be satisfied, if leniency is shown in the matter of punishment. According to the prosecution, the petitioner who was the Sub Post Master, had misappropriated to the tune of Rs.91,898/-. He states that the petitioner had already repaid the amount to the tune of Rs.71,000/- including interest. The petitioner's counsel pleads for some time to deposit the remaining amount of Rs.31,000/-.
3.I find the said request to be reasonable. This is because, the petitioner was already dismissed from service. He should also be aged about 67 years. Therefore, taking note of the mitigating facts, even while confirming the conviction imposed on the petitioner for the aforesaid offences, this Court modifies the sentence in the following manner:-
http://www.judis.nic.in 3 (I)The petitioner shall deposit a sum of Rs.31,000/-
as compensation to the credit of C.C.No.131 of 2009 on the file of the District Munsif cum Judicial Magistrate, Rameswaram.
(II)The said compensation, after it is deposited, can be withdrawn by the Department concerned through its authorised official.
(III)If the petitioner fails to deposit the said amount of Rs.31,000/- within the stipulated time, the sentence imposed by the First Appellate Court would stand automatically restored.
4.With this modification, this criminal revision petition is partly allowed.
21.06.2019
Index : Yes/No
Internet : Yes/No
rmi
To
1.The Inspector of Police,
District Crime Branch,
Ramanathapuram.
2.The District Munsif-cum-Judicial Magistrate, Rameswaram. http://www.judis.nic.in3.The Principal District and Sessions Judge, Ramanathapuram. 4
G.R.SWAMINATHAN, J.
rmi Crl.R.C(MD)No.177 of 2011 21.06.2019 http://www.judis.nic.in