- (1.) C. A. Rahim, J. This revision has been preferred against the judgment and order dated 20-12-1983 passed by XV Addi tional District & Sessions Judge, Kanpur in Criminal Appeal No. 165 of 1983 dismissing the appeal against the conviction and sen tence passed by the Metropolitan Magistrate Gwaltoli, Kanpur in Criminal Case No. 524 of 1980 and confirming the conviction under Section 411, I. P. C. and sentencing to six months R. I.
(2.) IN short, the prosecution case is that on 6-8-1978 one electric motor was stolen and the same was recovered from the pos session of the appellant in presence of the witnesses at G. T. Road crossing. The ac cused was arrested and charge-sheet fol lowed by charge framed under Section 411 I. P. C. against the accused-appellant. Both the courts below have found that the prosecution was able to prove the recovery of the stolen electric motor from the posses sion of the accused-appellant and convicted and sentenced accordingly. Sri Ram Krishna Sharma holding the brief of Pt. Mohan Chandra submits that since the case is pending since 1978 and there is provision for fine in the alternative a lenient sentence imposing fine be passed. Considering that the appeal is pend ing since 1983 and the matter has become so old that it went out of the memory of the community, the social structure has also been changed in the meantime, so also the family position of the appellant, I find it legitimate that a sentence to pay a fine of Rs. 1,000 be substituted against the substantive sentence of imprisonment of six months R. I. under Section 411,i. P. C.
(3.) THE revision is, therefore, allowed in part. THE conviction under Section 411, I. P. C. is affirmed. But the sentence of six months' R. I. imposed by the learned trial Court be substituted to a fine to the extent of Rs. 1,000 to be paid within two months from this date, in default to suffer R. I. for six months. With the above modification and observation the revision is disposed of. Revision partly allowed. .;