JUDGMENT 1. - The petitioner has filed the present revision against the judgment of the Additional Sessions Judge, Sri Ganganagar dated August 18, 1981, upholding the conviction of the petitioner passed by the Judicial Magistrate, Sri Ganganagar for the offence under section 411, IPC. The petitioner has been sentenced to twelve months' rigorous imprisonment ant a fine of Rs. 100/-, in default of the payment of fine to one month's rigorous imprisonment for the said offence. 2. The prosecution case, in brief, was that a bicycle, belonging to Shri Amar Singh, was stolen on February 22, 1980, kept outside the State Bank of Bikaner & Jaipur at Sri Ganganagar. The first information report was lodged by Shri Amar Singh in Police Station, Kotwali, Sri Ganganagar on March 5, 1980. One Bhagwana Ram was arrested in that connection. On his information and at his instance the bicycle was recovered from the possession of the accused-petitioner on March 7, 1980. After investigation, both Bhagwana Ram the petitioner were challenged in the Court of the Judicial Magistrate, Sri Ganganagar Bhagwana Ram was charged under section 379 and the petitioner was under section 411, IPC. 3. By the judgment dated July 5, 1980, the Judicial Magistrate convicted and sentenced accused Bhagwana Ram for the offence under section 379, IPC and sentenced him to twelve months' rigorous imprisonment and a fine of Rs. 100/-, in default of payment of fine to one month's further rigorous imprisonment. Petitioner Nahra Ram was convicted for the offence under section 411, IPC and sentenced to twelve months' rigorous imprisonment and a fine of Rs, 100/-, in default of payment of fine to one month's further rigorous imprisonment. On appeal, filed by the accused, the Additional Sessions Judge, by the judgment dated August 18, 1981, acquitted accused Bhagwana Ram, but maintained the conviction and sentence passed against the petitioner. Dissatisfied with this, the petitioner has filed the present revision in this Court. 4. Learned counsel for the petitioner has addressed me only on the question of sentence. The occurrence took place as back as February 22, 1980. It is more than eight years now. The accused has remained in custody from March 7, 1980 to March 13, 1980 and from August 18, 1981 to September 3, 1981. He has, thus, undergone twenty one days' sentence.
The occurrence took place as back as February 22, 1980. It is more than eight years now. The accused has remained in custody from March 7, 1980 to March 13, 1980 and from August 18, 1981 to September 3, 1981. He has, thus, undergone twenty one days' sentence. The allegations against him were that he was the receiver of a stolen property, i.e., a bicycle, alleged to have been stolen by Bhagwana Ram. Bhagwana Ram stands acquitted. In the facts and circumstances of the present case, specially the fact that a period of eight years has already passed and the petitioner has already undergone a sentence of twenty-one days, I consider that the sentence already undergone by the petitioner will meet the ends of justice. 5. Accordingly, the revision filed by the petitioner is accepted. His conviction for the offence under section 411, IPC is maintained but the sentence awarded to him for the said offence is reduced to one already undergone by him plus the fine of Rs. 100/-, in default of payment of fine to further rigorous imprisonment for one week. Learned counsel for the petitioner prays for two months' time to deposit the fine. Time prayed for is granted.Revision partly accepted. *******