JUDGMENT 1. - The State of Rajasthan has filed this appeal against the judgment of the learned Munsif and Judicial Magistrate, district Jodhpur, dated May 29, 1976, by which he has convicted respondent Rama Ram under section 25 of the Indian Telegraphs Act and sentenced him to 15 days rigorous imprisonment. The State prays for enhancement of the sentence. 2. We have heard learned Public Prosecutor and the learned counsel for the respondent. 3. The case of the prosecution, briefly stated, is that on December 8, 1970, 11 kilos of copper wire was found missing from the Telegraph Office. A report at about the theft was lodged at Police Station, Mahamandir on December 8, 1970. On January 8, 1971, the wire is alleged to have been recovered from the possession of the accused. He was, therefore, arrested and after investigation a challan was put up against him. He pleaded not guilty. Thereupon, the trial started. However, the trial was prolonged for more than five years and during which only two witnesses were examined and, thereupon, the accused moved an application admitting the guilt voluntarily. The learned Magistrate in these circumstances, convicted him under section 25 of the Indian Telegraphs Act and sentenced him to 15 days rigorous imprisonment, which he had already undergone. 4. The occurrence relates to the year 1970-71. The accused had already suffered protected trial for more than five years. The value of the stated wire is alleged to be about Rs. 144/- only. The accused had voluntarily pleaded guilty. The conviction was recorded on May 29, 1976. More than five years even thereafter have passed and, therefore, at this stage we are non-inclined to enhance the sentence, as no useful purpose will be served by sending the accused back to jail after more than 16 years of the offence and more than 10 years of his conviction. It will have no moral or solutary effect on him or on the society now. 5. In these circumstances, the appeal is dismissed.Appeal dismissed. *******