Delay in prosecution can be a mitigating factor in sentencing.

Headnote:
CRIMINAL LAW - MISAPPROPRIATION - SENTENCE - REDUCTION - DELAY IN PROSECUTION - [Section 409 of Indian Penal Code]
Fact of the Case:

The petitioner was convicted for misappropriating Rs.1,62,439.20 during his tenure as President of Handloom Weavers Co-Operative Society. The conviction was upheld by the appellate Sessions Court.
Finding of the Court:

The court found that the incident occurred in the year 1992 and more than 31 years have elapsed since the date of incident.
Issues: Whether the sentence of imprisonment should be reduced considering the delay in prosecution.
Ratio Decidendi: The court held that the delay in prosecution was a mitigating factor and reduced the sentence of imprisonment to the period already undergone.
Final Decision: The Criminal Revision Case was partly allowed, and the sentence of imprisonment was reduced to the period already undergone.

32sl [ ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE NO: 732OF 2007 Criminal Revision Case filed under Section 397(1) & 401 of Cr.P.C.

agalnst the Judgment dated 29-05-2007 in Crl. Appeal.No. 3 of 2000 on the file of the Court of the lV Additional Sessions Judge, (Fast Track Court) at Mahbubnagar- Preferred against the Judgment dated 24-12-1999 made in C.C. No. 32 of 1993 on the file of the Court of the Judicial Magistrate of First Class at Narayanpet.

Betwee n:

Mohd. Khasim Ali, S/o. Nanna Sab, Aged 45 years, Occ: Ex.President of Handloom Weavers Co-Operative Society, Chinnaporla Village of Utkoor It4andal, Mahabubnagar District.

...PETITIONER/ACCUSED AND The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.

..RESPONDENT CRLRCMP. NO: 1091 OF 2007 Petition under Section 397 (1) of CrPC praying that in the circumstances stated in the Memorandum of Grounds of Criminal Revision Case, the High Court may be pleased to suspend the sentence of lmprisonment and enlarge the petitioner on Bail pending disposal of the Criminal Revision Case.

Counsel for the Petitioner: M/s. T. V. SRI DEVI Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following: ORDER Crl.R.C.No.732_2007 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.732 OF 2OO7 ORDER:

The petitioner - Accused filed the present Criminal Revision Case questioning the correctness of the concurrent findings of the trial Court and appellate Sessions Court in convicting the petitioner - Accused for the offence under Section 409 of Indlan Penal Code.

Heard. Perused the record.

The case of the prosecution is that the petitioner was the President of Handloom Weavers Co-Operative Society, Chinnaporla Village during the years 1985-86 and 1986-87. There was a complaint of mismanaged funds and when an Enquiry Officer was appointed to look into the said complaint, the said Enquiry Officer who was examined as PW2 conducted enquiry and found that there was a misappropriation of Rs.1,62,439.20 ps during his tenure.

Learned Magistrate having examined the witnesses i.e. PWs 1 to 5 and marking Exs.Pl to P51 found that the petitioner was guilty of mrsappropriation as alleged. Learned Magistrate convicted the petitioner for misappropriating the said amount and when the same crl.R.C-No.732-2o07 was questioned before the Sessions Court by way of filing an appeal, the Sessions Court conflrmed the conviction and sentence imposed by the Lower Court.

Learned counsel appearing for the petitioner represents that the client has not contacted them.

Since the incident occurred in the year 1992 and more than

31 years have elapsed since the date of incident, this Court deems it appropriate to reduce the period of sentence of imprisonment to the period already undergone.

Accordingly, the Criminal Revision Case is partly allowed.

Miscellaneous Petitions, pending if any, shall stand closed.

Sd/. CH. VENKATESWARLU DEPUT}EEGISTRAR ()D //TRUE COPY//

SECTION OFFICER To, . The lv Additional sessions Judge, (Fast Track court) at Mahbubnagar (with

1 records)

2. The Judicial lvlagistrate of First Class at Narayanpet'

3. The station House officer, Utkoor Police Station, Mahabubnagar Dastrlct.

4. The Superintendent District Jail, Mahabubnagar'

5' Two CCs to Public Prosecutor, H.lgh Court for the State of Telangana, at Hyderabad [OUT]

6. One CC to Mis. T. V. SRI DEVI, Advocate [OPUC]

7. Two CD PoPies \-lt karn HIGH COURT DATED: 0210112023

1HE Slh/{.

o o

12 IIAY 2S8 !) \ s ORDER CRLRC.No.732 of 2007 PARTLY ALLOWING THE Crl.RC E"

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