ASHOK SRIVASTAVA, J. - (1.) THIS criminal appeal has been filed by the appel­lant Nagina Bhar feeling aggrieved by the judgment and order dated 17.12.1981 passed by learned II Additional Sessions Judge, Ghazipur in S.T. Nos. 69 and 70 of 1979. The appellant was sentenced to un­dergo R.I. for 2 years under section 412 I.P.C. and one year R.I. under section 25(1)(a) of Arms Act. Both the sentences were to run concurrently.
(2.) I have heard learned Counsel for the appellant and learned A.G.A. and pe­rused the records. Learned Counsel for the appellant states that he has nothing to say in the matter on merits. He submits that the al­leged incident had taken place on 16.12.1977 and the judgment impugned herein is of the year 1981. He further states that a period of 33 years had elapsed since the date of the alleged offence In these cir­cumstances, he says that the appellant is ready to pay a reasonable amount of fine and it has been further prayed that appel­lant should be awarded a custodial deten­tion in jail equivalent to the period already undergone by him in the past. He further informs that the appellant has been in jail for more than 3-1/2 months. The records show that the alleged inci­dent had taken piace some 33 years ago and the impugned judgment passed by the learned lower Court was of the year 1981 i.e. some 29 years ago. Considering these aspects, I am of the view that a lenient view should be taken in the matter while awarding the punishment to the appellant.
(3.) IN these circumstances, the con­viction against the appellant is confirmed but the period of jail imprisonment is re­duced to the period already undergone by him in jail.;