1981 INSC 0126
                                                   K. Duraiswamy

                                                           Vs.

                                                State of Tamil Nadu

                                        Criminal Appeal No. 213 of 1981

                                       (Syed M. Fazal Ali, V.B. Eradi JJ)

                                                      25.02.1981

                                                     JUDGMENT

FAZAL ALI, J. ­

1. This appeal by special leave is confined to the question of sentence only.

2. After having heard learned counsel for the parties and going through the judgment of the courts
below we feel that there is some room for reduction in the sentence of the appellant. The appellant
was a government servant and by virtue of his conviction he has lost his service and is also likely to
lose his pensionary benefits. He has already served three months In the peculiar facts and
circumstances of this case, we therefore uphold the conviction and reduce the sentence to the period
already served which, according to the appellant, is about three months. IN lieu of the sentence
remitted we impose a fine of Rs 500, in default three months' rigorous imprisonment. The fine to be
paid within two months from today and the entire find realised shall be paid to the temple.

3. The appeal is disposed of accordingly.

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