1. - By the instant revision petition under Section 397 read with Section 401 Cr.P.C., the petitioner has challenged the judgment and order dated 20.05.1994 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (for short, "the Appellate Court" hereinafter) in Criminal Appeal No. 15/1994, whereby the appeal filed by the petitioner against the judgment and order dated 17.12.1993 passed by the Judicial Magistrate, Pipar City, district Jodhpur (for short, "the trial Court" hereinafter in Criminal Case No. 168/1989, came to be dismissed.

2. I have heard learned Counsel for the parties. Carefully gone through the judgments and orders passed by the trial Court and the Appellate Court, as also the record of the trial Court.

3. At the out set, learned Counsel for the petitioner submits that the petitioner does not want to challenge the conviction for the offences under Section 457 and 380 IPC; however learned Counsel for the petitioner has confined his arguments only on the question of quantum of sentence.

4. It is contended by the learned Counsel for the petitioner that the petitioner has already undergone the imprisonment for 63 days; the occurrence is of the year 1989; the petitioner has undergone the protracted trial and thereafter the appeal for a number of years; and the allegation against the petitioner is that of theft of 21/2 metres of cable and, therefore, the sentence awarded to the petitioner may be reduced to the period of imprisonment already undergone by him.

5. On a careful perusal of the record, it appears that the petitioner has suffered substantial part of imprisonment having undergone the imprisonment for 63 days and the theft of article alleged to have been committed by the petitioner is 21/2 metres of cable. Looking to the period from the date of the occurrence till coming up the matter for hearing, almost 20 years have elapsed, therefore, in my view, the ends of justice would be met by maintaining the conviction of the petitioner and reducing the sentence of imprisonment to the period already undergone by him.

6. Consequently, the revision petition is partly allowed. While maintaining the conviction of the petitioner, the substantial period of sentence is reduced to the period of imprisonment already undergone by the petitioner. The petitioner is on bail and his bail are discharged.Revision partly allowed.

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