Judgment Madhavendra Saran, J. 1. This appeal is directed against the judgment and order dated 5.4.2004 passed by Sri Basant Kumar Dikshit, Additional Sessions Judge (F.T.C.IV), Bhojpur at Arrah in S.Tr. No. 130/87 by which he convicted the appellant and sentenced him to undergo rigorous imprisonment for ten years for the offence punishable u/s. 395 of the Indian Penal Code. 2. Mr. Anil Kumar no. 1, advocate for the appellant, in the facts and circumstances of the case, does not want to challenge the Judgment of conviction and in respect of sentence, his only submission is that the appellant may be shown some leniency since he is facing this litigation since the year 1984 and even otherwise he has already remained in jail for more than four years. 3. Admittedly the P.S. case is of the year 1984 and the Session Trial was concluded on 5.04.2004. The appellant is thus facing this criminal prosecution since last 23 years. 4. In the facts and circumstances of the case, while maintaining the conviction I am of the opinion that the interest of justice will be served if the sentence awarded by the Trial Court is modified to the period already undergone. 5. Accordingly this appeal is dismissed with modification in the sentence as mentioned above.