JUDGMENT 1. - This criminal revision petition under sections. 397 & 401 Criminal Penal Code. is directed against the judgment of conviction dated 23.2.1991 passed by learned Additional Sessions Judge, Bali in Criminal Appeal No. 39/90, whereby the lower appellate Court affirmed the conviction of the petitioner for the offence under section. 457 Indian Penal Code but acquitted the petitioner for the offence under section. 354 Indian Penal Code and sentenced him to undergo one month's simple imprisonment and to pay a fine of Rs. 100/-, in default of payment of fine, further undergo for seven days' simple imprisonment. The accused- petitioner preferred this criminal revision petition against the said order. 2. Briefly stated facts necessary for disposal of the revision petition are that a complaint was lodged by one Baludass at Police Station, Takhatgarh alleging therein that the accused- petitioner jumped in his house in the night. On hearing some noise, he and his wife awakened and gave some fist blows to accused but he fled away. It was further alleged that the accused took away Rs. 200/- from the pocket of his pant. On this information, police registered the case, started investigation and filed the challan against the accused for the offence under section. 457 Indian Penal Code. The trial Court framed the charges against the accused- petitioner for the offences under sections. 457 & 354 IPC and proceeded with the trial of the case. Vide judgment and order dated 31.10.1990, the trial Court found the accused-petitioner guilty of the offences under sections. 457 & 354 IPC. However, on appeal, the appellate Court on reappraisal of the evidence, reached to the conclusion that the prosecution has failed to establish the offence punishable under section. 354 Indian Penal Code against the petitioner. Conviction of the petitioner for the offence under section. 457 Indian Penal Code was not challenged by the accused-petitioner before the lower appellate Court and accordingly, the appellate Court affirmed the conviction of the petitioner for the offence under section. 457 Indian Penal Code and passed the sentence as noticed above. 3. Finding of the trial Court affirmed by the lower appellate Court holding the accused-petitioner guilty of offence under section. 457 Indian Penal Code has not been challenged before this Court. Learned counsel for the petitioner challenged the quantum of sentence and submitted that the sentence be reduced to the period already undergone. 4.
3. Finding of the trial Court affirmed by the lower appellate Court holding the accused-petitioner guilty of offence under section. 457 Indian Penal Code has not been challenged before this Court. Learned counsel for the petitioner challenged the quantum of sentence and submitted that the sentence be reduced to the period already undergone. 4. It is contended by the learned counsel for the petitioner that the petitioner remained in custody during trial and pendency of the present revision petition altogether for 13 days. From the record, it is evident that the present petitioner remained under police custody on 10.6.1982 and thereafter from 23.2.1991 to 6.3.1991. Thus, the total period underwent by accused-petitioner comes to 13 days as against the sentence of one month. 5. Considering the fact that more than 20 years have elapsed from the date of occurrence and petitioner has faced the trial as also litigating for such a long period, the ends of justice would be met if the sentence is reduced to period already undergone. In this view of the matter, this revision petition is partly allowed. Conviction under section. 457 Indian Penal Code is maintained. However, the sentence is reduced to period already undergone. The petitioner is on bail, his bail bonds and surety bonds are discharged.Revision partly allowed *******