JUDGMENT 1. - Heard learned counsel for the parties on application No.2353 for early listing of the appeal. 2. For the reasons stated in the application, the same is allowed. The appeal is taken up for consideration today. 3. The appellant has preferred this appeal against the judgment dated 25.6.2013 passed by Sessions Judge, Sawai Madhopur in Sessions Case No.37/2012 whereby the accused appellant has been convicted and sentenced as under : Under Section Sentence 373 I.P.C. 3 years and 6 months simple imprisonment with a fine of L 1000/- in default of payment of fine to further undergo 3 months simple imprisonment. 4. Being aggrieved by the conviction and sentence awarded by the trial Court, the appellant has filed the appeal under Section 374 Cr.P.C.2 5. Learned counsel for the appellant submits that having served the substantial part of the sentence awarded for the offence punishable under Section 373 IPC, now the appellant does not want to challenge her conviction. Learned counsel further submits that the appellant has already served/undergone the period of about 10 months and 18 days as against the sentence of 3 years and 6 months awarded by the trial Court. Learned counsel prays that the sentence awarded for the offence under Section 373 IPC may be reduced/modified to some other reasonable sentence. 6. Heard the learned counsel for the parties and perused the judgment and order of the trial Court. 7. As submitted, the conviction of the appellant is thus, maintained and the appeal filed by the appellant to that extent is, hereby, dismissed. So far as the sentence part of the judgment is concerned, it is a fact that the appellant who is a woman is in custody for about 10 months and 18 days and there is no material on record that the appellant is involved in any other offence and also looking to the fact that for offence under Section 373 IPC, she has been sentenced for rigorous imprisonment of 3 years and 6 months, I am of the considered view that it would serve the interest/ends of justice if the prayer made on behalf of the appellant is accepted.
Thus, the sentence imposed upon the accused-appellant-Smt. Krishna 3 W/o Shri Tilak Singh for the offence under Section 374 IPC is reduced and modified from 3 years and 6 months imprisonment to the sentence of simple imprisonment of one year and the fine of Rs. 1000/- is modified/enhanced to the extent of Rs. 5,000/- and in default of fine to further undergo simple imprisonment of 3 months. 8. With this modification as aforesaid, the appeal to that extent is partly allowed and stands disposed of as such. *******