JUDGMENT 1. - The revision petition is directed against the judgment of the learned Sessions Judge, Jalore dated 18.01.1997 whereby the judgment of the trial court dated 23.01.1995 has been upheld and the petitioner has been convicted under Section 409 IPC and sentenced to nine months rigorous imprisonment and a fine of Rs. 200/- and in default in payment of fine to further undergo simple imprisonment of one month. 2. The learned counsel for the petitioner has submitted that he does not challenge the conviction of the petitioner and that sentence may be reduced to the period already undergone by him which is nine days. He has further submitted that the petitioner is over 70 years of age and the alleged incident of embezzlement has taken place in the year 1977 and the case was registered only in the year 1986. The petitioner was posted LDC and assigned the charge of cashier in the Panchayat Samiti. He had deposited the amount of Rs. 9107/- within a period of 21/2 months in the year 1977 itself. The case was infact registered after audit objection was raised in this regard. He has also referred to a statement of the petitioner under Section 313 of the Cr.P.C. wherein the petitioner has stated that the amount which was withdrawn by him on 20.07.1977 was deposited on 3.10.1977, as he was on leave for sometime and, thereafter, the BDO had been transferred. Hence, he could not deposit the amount during that period. 3. Per contra, the learned Public Prosecutor states that as the petitioner has been convicted for embezzlement, no case is made out for reducing the sentence awarded by the courts below. 4. I am of the considered view that it would be in the interest of justice if the sentence of the petitioner be reduced to one already undergone. The age of the petitioner has been recorded as 50 years in the year 1994 when he had deposed as DW-1. He would now be over 70 years of age. The incident of alleged embezzlement took place in the year 1977 i.e. over 37 years ago. The case was registered in the year 1986 and the petitioner has been facing prosecution for nearly three decades. The petitioner had retained the amount of Rs. He would now be over 70 years of age. The incident of alleged embezzlement took place in the year 1977 i.e. over 37 years ago. The case was registered in the year 1986 and the petitioner has been facing prosecution for nearly three decades. The petitioner had retained the amount of Rs. 9107/- for only about 21/2 months and deposited the same on 3.10.1977 which is nine years before the FIR was registered against him only after audit objection had been raised. The allegations are that a draft of the aforementioned amount was en-cashed by the petitioner on 20.7.1977. Admittedly this amount was deposited by the petitioner with the Panchayat Samiti on 3.10.1977. 5. Therefore, this revision petition is partly allowed and while maintaining the conviction of the petitioner under Section 409 IPC, the sentence is reduced to the period already undergone by him. The petitioner shall deposit the fine imposed by the learned Trial Court, if not already deposited.Revision partly allowed. *******