The court may modify a sentence for a minor offense based on elapsed time since the offense and previous time served, emphasizing justice over rigidity.

ORDER

The petitioner herein was convicted and sentenced by the Judicial First Class Magistrate Court, Chittur, in S.T.No.1186/2004 for the commission of offence under Section 51 (a) of the Kerala Police Act , 1960. The aforesaid conviction was recorded following the petitioner pleading guilty while the particulars of offence were read over to him. The learned Magistrate sentenced him to undergo Simple Imprisonment for 15 days, and to pay a fine of Rs.50/- with a default clause of Simple Imprisonment for 3 days. Though the aforesaid verdict was challenged by the petitioner before the Sessions Court, Palakkad, in Crl.Appeal No.148/2004, the learned Additional Sessions Judge, who considered the Crl.Appeal, declined to interfere with the findings of the learned Magistrate. Aggrieved by the above concurrent verdicts of the courts below, the petitioner is here before this Court with this revision.

2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor representing the State of Kerala.

3. The allegation against the petitioner is that on 18.11.2003 at about 10.p.m, he was found in an inebriated condition, unable to take care of himself, and behaved in disorderly manner at a public place. It is seen from the impugned judgment of the Trial Court that the petitioner pleaded guilty on 22.03.2004, when the learned Magistrate read over the particulars of offence to him. It is observed by the learned Magistrate in the impugned order that the petitioner was explained of the consequences of pleading guilty, since the imprisonment for a period of 15 days was mandatory as per the provisions contained in Section 51 (a) of the Kerala Police Act , 1961.

4. The learned counsel for the petitioner submitted that the petitioner had already undergone imprisonment for three days, consequent to the above sentence awarded by the Trial Court. Having regard to the facts and circumstances of the case, as well as the elapse of more than two decades from the date of offence, I deem it appropriate to set aside the sentence of imprisonment awarded by the Trial Court and which was upheld by the Appellate Court, subject to the payment of maximum fine provided for the aforesaid offence.

With the above modification of the sentence, the revision stands disposed of as follows:

1) The concurrent findings of the courts below, convicting the petitioner for the commission of offence under Section 51 (a) of the Kerala Police Act ,1960, are hereby upheld.

2) In supersession of the sentence awarded by the courts below, the petitioner is sentenced to fine of Rs.200/- (Rupees Two hundred only) with a default clause of Simple Imprisonment for one week.

3) The petitioner shall surrender before the Trial Court within a period of 30 days from today to remit the fine amount ordered by this Court.

4) If the petitioner had remitted any amount as fine following the judgments of the Trial Court or the Appellate Court, then he need to remit only the balance amount, after deducting the fine already paid from the amount of Rs.200/- imposed as fine by this Court.

Registry shall forward the case records, along with a copy of this order, to the Trial Court for enforcement of the revised sentence.

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