JUDGMENT : AKHILESH CHANDRA, J.:–Heard learned counsels appearing on behalf of the parties. 2. This is an appeal preferred by solitary appellant against his conviction for the offence punishable under Section 121 of the Indian Railway Act and sentence to undergo rigorous imprisonment for six months simultaneous to acquittal from the charges under Sections 323 and 307 of the Indian Penal Code by learned 2nd Additional Sessions Judge, Fast Track Court, Patna on 18th June, 2002 in Sessions Trial No. 418 of 1989 / 327 of 2001 (G.R. No. 637 of 1988) arising out of Patna (Jehanabad) P.S. Case No. 38 of 1988 dated 26th January, 1988. 3. After some arguments, learned counsel appearing on behalf of the appellant has chosen not to challenge the conviction, but confined his submissions on the point of sentence on the ground of mental agony and financial losses suffered for last about 26 years besides detention for more than three months and that apart it is also pointed out that the age of the appellant shown in the judgment is 31 years based on the statement recorded under Section 313 of the Code of Criminal Procedure on 06.05.2002, wherein, the appellant also stated his age 31 years, which was accepted by the trial court also, though, at the relevant time, in view of the prevailing law, the appellant could not have been held juvenile, but in view of present Act, i.e., “The Juvenile Justice (Care and Protection of Children) Act, 2000”, he deserves the benefit since at the relevant time he was under 17 years of age. 4. On the other hand, learned Additional Public Prosecutor has trying his level best to support the findings of the court below on all the counts and submits that at this juncture it may be futile exercise to remit the matter to competent authority to determine the point of juvenile of the appellant rather reducing the sentence as undergone, which may serve the interest of justice and avoid wastage of precious time. 5. Having regard to the facts and circumstances, finding substance in the submission made above, the sentence of the appellant, as awarded by the trial court, is reduced as the period already undergone. Accordingly, the appeal stands disposed of.