Judgment J. R. CHOPRA, J. ( 1 ) THIS revision is directed against the judgment of the learned Additional, Sessions Judge, Bhilwara dated 18-2-1980 whereby the learned Additional Sessions Judge has upheld the conviction and sentence of the accused- petitioners recorded by the learned Munsif and Judicial Magistrate, Bhilwara vide his Judgment dated 21-6-1977. ( 2 ) IN this case, accused Samshu Khan has been held, guilty of the offence under Sec. 411 IPC and has been sentenced to three months rigorous imprisonment together with a fine of Rs. 100/ -. The accused-petitioners Naroo Khan and Umar Khan have been held guilty of the offences under sections 457 and 380 IPC and they have been sentenced to three months rigorous imprisonment together with a fine of Rs. 100/-on each count and default of the payment of this amount of fine, they have been sentenced to one months rigorous imprisonment for default. The substantive sentences have been ordered to run concurrently. ( 3 ) IT is alleged that accused Naroo Khan and Umar Khan entered into the house of Balu resident of Baneda at about 12 in the night and removed from the person of his daughter Mst. Sayari a Khungali and later, they gave it to the accused Saroshu Khan, from whose possession. It was recovered on the Information and at the Instance of accused Naroo Khan. The learned lower court, after trial, held the accused-petitioners guilty as above. On appeal the learned Additional Sessions Judge has affirmed their conviction and sentence recorded by the learned Munsif and Judicial Magistrate. Hence this revision. ( 4 ) MR. SR. Bhandari, learned counsel for the accused-petitioners has submitted that in this case, accused Samshu Khan has remained in custody for 7 days and accused-petitioners Naroo Khan and Umar Khan have remained in custody for 19 days. The occurrence is dated 29-7-1974. After about twelve and half years, it will be unjust to send them back to the custody. He bas, therefore, submitted that although, he does not challenge the conviction, of accused-petitioners, a lenient view may be taken so far as sentence its concerned. ( 5 ) DR. 5. 5. The occurrence is dated 29-7-1974. After about twelve and half years, it will be unjust to send them back to the custody. He bas, therefore, submitted that although, he does not challenge the conviction, of accused-petitioners, a lenient view may be taken so far as sentence its concerned. ( 5 ) DR. 5. 5. Dhandawat, learned Public Prosecutor for the State has, however; submitted that the occurrence, of course, has become, old and the Court may pass any appropriate order as it may deem proper looking to the fact that the occurrence a twelve and half years old and the accused-petitioners have remained in custody for some time, I am inclined to tab a lenient view so far as the sentence is concerned. In the facts and circumstances of this case, it appears just and proper If accused Samshu Khan is sentenced to the period of his custody along-with a fine of Rs. 100/- and in default of payment of this amount of fine, he shall further undergo one months rigorous imprisonment for the offence under section 411 IPC. So far as accused-petitioners Naroo Khan and Umar Khan are concerned, they have already remained in custody for 19 days. Thus, they are sentenced to the period of their custody for the offence under sections 457 and 380 IPC together with a fine of Rs. 500/- each on each count. ( 6 ) IN the result, this revision petition partly succeeds. The conviction of the accused petitioner Samshu Khan for the offence under section 411 IPC and accused-petitioners Naroo Khan and Umar Khan for the offences under sections 457 and 380 IPC is maintained. However, the accused-petitioner Samshu Khan is sentenced to the period of his custody along-with a fine of Rs. 100/- and in default of payment of this amount of fine, he shall further undergo rigorous imprisonment for one month. So far as accused petitioners Naroo Khan and Umar Khan are concerned, they are sentenced to the period of their, custody together with a fine of Rs. 50/- each on each count and In default of payment of fine, they shall further undergo rigorous imprisonment for one month for the offences under sections 457 and- 380 IPC. Both the substantive sentences shall run concurrently. ( 7 ) SIX weeks time is granted to the accused-petitioners to deposit the amount of fine. 50/- each on each count and In default of payment of fine, they shall further undergo rigorous imprisonment for one month for the offences under sections 457 and- 380 IPC. Both the substantive sentences shall run concurrently. ( 7 ) SIX weeks time is granted to the accused-petitioners to deposit the amount of fine. In case, the amount of fine is not deposited within the aforesaid time, the learned Additional Sessions Judge is directed to effect the arrest of the accusedpetitioners to undergo the sentence imposed against them In default of payment of the amount of fine.