IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 108 of 1997()
1. JANARDHANAN K.V.
... Petitioner
Vs
1. THE STATE OF KERALA
... Respondent
For Petitioner :SRI.K.SURENDRA MOHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :25/06/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.108 of 1997
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Dated this the 25th day of June, 2007
O R D E R
The revision petitioner stands convicted for the offence
under Sections 409 and 477A of IPC and sentenced to undergo
R.I. for 1= years each for the above offences. The conviction
and sentence was confirmed by the court below.
2. The matter relates to the period of 1981-84. The
crime was registered in 1985. The amount of misappropriation
involved is a sum of Rs.4,942/-. It is submitted by the counsel for
the revision petitioner that the petitioner has deposited the
amount with interest. The allegation is that while he was
working as extra departmental branch postmaster at
Thiruvattoor Post office during the period of July 1981-84, he
misappropriated the above sum from the various SB accounts of
the post office. The evidence adduced in the matter consisted
the testimony of PWs’ 1 to 17, Exts. P1 to P117.
3. The counsel for the revision petitioner has only sought
for leniency pointing out that more than 20 years have elapsed
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since the commencement of the proceedings and that the
revision petitioner is right now aged 50 years and without any
employment. In the circumstances, I find that the sentence is
liable to modified. Hence, the sentence imposed under Section
409 is modified to imprisonment till the rising of the court and to
pay a fine of Rs.5,000/- and in default, to undergo simple
imprisonment for six months. No separate sentence is awarded
for the offence under Section 477A IPC. The revision petitioner
shall appear before the Judicial First Class Magistrate Court III,
Kannur on 30.7.2007 to receive the sentence.
The criminal revision petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
csl
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K.R.UDAYABHANU, J
CRL.M.C.No.2824/2000
ORDER
21st June 2007
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C.N.RAMACHANDRAN NAIR, J
O.P.No.12679/2001
JUDGMENT
8th March, 2007
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