JUDGMENT Being aggrieved by the judgments and orders passed by the Courts below, convicting the applicant under sections 380 and 457 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for six months on each count, the present revision petition has been riled by the applicant alleging that the alleged offences against the applicant arc not made out. Before this Court, the learned counsel for the applicant submits that the applicant has already suffered rigorous imprisonment for three months and he should be released on the sentence already undergone. The submission of the learned counsel for the applicant is not vehemently opposed by the counsel for the State. The applicant, along with two others viz. Bhorma and Raja Singh, was prosecuted for the incident, which occurred between the intervening night of the 8th and 9th May, 1982, for committing house trespass and theft in the house of one Prem Prakash. The offences against the other accused persons was held to be proved. So far as the present applicant is concerned, it was only proved that some silver ornaments of theft were also recovered from him. Therefore, the trial Magistrate, along with other two accused persons, convicted the applicant also for both the offences under sections 380 and 457, I.P.C. and sentenced him to suffer R.I. for six months on each count. The sentences were ordered to run concurrently. The revision filed by the other accused persons was dismissed. The present revision is only by Nirbhay Singh. Looking to the fact that the incident is of the year 1982 and the prosecution has been hanging over the applicant till today, it is not desirable to send back the applicant to jail again after such a long period. In view of this, the conviction of the applicant is maintained but the sentence is reduced to the period already undergone. With this modification in the sentence, the revision is partly allowed.