- (1.) C. A. Rahim, J. This Revision has been directed against the judgment and order passed by the IVth Additional Ses sions Judge, Mirzapur, on 5-6-1984 in Criminal Appeal No. 88 of 1984. By that order he dismissed the appeal preferred against the conviction and sentence passed by Sr. P. K. Srivastava, Judicial Magistrate, Robertsganj, Mirzapur, on 1-5-1984 in case No. 298 of 1983 under Section 379, IPC and sentenced to suffer R. I. for two years and a fineofrs. 1,000/ -.
(2.) SRI S. P. Singh, appearing for the applicant has challenged the sentence only. He submitted that since the matter is pend ing since 1984, there should be remission of the substantive sentence and be converted to pay fine only. The prosecution case, in short, is that the applicant picked up Rs. 173/- from the bag of the informant who was a conduc tor of the Bus. He was caught then and there and lodged to the police station, on which a case was registered. He was prosecuted under Section 379/411, IPC but at the con clusion of the trial he was convicted and sentenced in the aforesaid manner. It is true that there was delay in disposing of this case and the matter is pending in this Court for more than 12 years but considering the na ture of the offence that it is a case of pick pocket in open day light and that too within a bus, also considering the daring attitude of the applicant in committing the crime, I do not consider that the substantive sentence be substituted to fine only but considering the delay a lenient view with regard to the sentence of imprisonment can be taken. With that view of the matter I find that the sentence of imprisonment to the extent of there months R. I. and a fine of Rs. 500/- (Rs. five hundred) shall meet the ends of justice. The Revision is, therefore, dis missed. The conviction under Section 379, IPC is hereby confirmed by the sentence of imprisonment of two years, R. I. is reduced to three months R. I. . . . . . . . . The sentence to pay a Cute of Rs. 1000/- is also reduced to Rs. 500/- (Rs. five hundred) only, to be paid within two months from this date, in default he shall suffer further imprisonment to one month's R. L The bail bond of the accused-appellant is cancelled. He must surrender within one month to serve out the remain ing period of the sentence otherwise the trial court shall issue process for his arrest and detention in imprisonment to undergo the sentence.
(3.) WITH the above observations and modification of sentence the Revision is dis-posed of. Revision disposed of. .;