CHANDRA DHARI SINGH,J. - (1.) Heard Sri Ravindra Bajpai, learned Amicus Curiae appearing on behalf of the revisionist, learned Additional Government Advocate appearing for the State-respondent and perused the record.
(2.) The instant criminal revision under section 397/401 Cr.P.C. has been filed against the judgment and order dated 17.07.2018 passed in Criminal Appeal No. 76 of 2017 by Additional Sessions Judge, Court No.1, Barabanki as well as order dated 21.11.2017 passed by Chief Judicial Magistrate, Court No.18, Barabanki in criminal case no. 77 of 2016, arising out of case no. 570 of 2015, under sections 419, 420, 467, 468, 471 IPC and section 66-B, 66-C and 66-D of the I.T. Act, P.S. Kotwali Nagar, District Barabanki. The revisionist- John Asabor Odho Odho has been convicted and sentenced as under: Section 419 IPC : One year simple imprisonment. Section 420 IPC : Five years simple imprisonment with fine of Rs.5,000/- Section 471 IPC : One year simple imprisonment. Section 66-C I.T. Act : One year simple imprisonment with fine of Rs.5000/- Section 66-D I.T. Act : One year simple imprisonment with fine of Rs.5000/- In default of payment of fine 3 months' additional simple imprisonment.
(3.) Learned Amicus Curiae Sri Ravindra Bajpai has appeared on behalf of the revisionist and submitted that the accused was arrested on 16.10.2015 from Charbagh Railway Station, Lucknow and since then he is in jail. He further submitted that the accused is the native of Nigeria and he is first offender and has already served the imprisonment of 3 years and 9 months. He was awarded the sentence by the court below for a maximum period of five years.;