1978 INSC 0085
                                                Kassim Pillai Abdul

                                                           Vs

                                                    State of Kerala

                                         Criminal Appeal No. 29 of 1972

                                      (P. N. Singhal, Syed M. Fazal Ali JJ)

                                                      28.02.1978

                                                     JUDGMENT

FAZAL ALI, J. -

1. In this appeal by special leave the appellant has been convicted under Section 409, I.P.C. and
sentenced to two years R.I. and a fine of Rs. 500, in default simple imprisonment of two months.
The Sessions Judge on appeal upheld the convicted but reduced the sentence to six months R.I. the
accused has pressed this appeal only on the question of sentence. In view of the concession, made
by the Counsel for the appellant, we are not called upon to examine the legal question arising in the
case as to the applicability of Section 197 of the Code of Criminal Procedure to the facts of this
case. It is submitted that having regard to the peculiar circumstances of this case, the inexperience of
the appellant, and further having regard to the fact that he also deposited the money as ordered by
the Collector a lenient view may be taken. We are of the opinion that the contention is well founded
and must prevail.

2. Having regard to the special circumstances of the case we do to see any reason to send the
appellant back to jail. We, therefore, allow this appeal to the extent that while upholding the
conviction of the appellant we reduce the sentence to the period already undergone maintaining the
fine as also the sentence in default of payment thereof.

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