NARESH DATT SHARMA Vs. STATE

JUDGEMENT

(1.) Crl.Rev.P.182/2005 is directed against the order dated 15.3.2005 of the Additional Sessions Judge in Crl.A.No.6/2004 whereby the learned Judge has dismissed the appeal while modifying the sentence of imprisonment from two years to one year under Section 409 IPC as also under Section 477 A IPC.

(2.) It is submitted by counsel for the petitioner that he does not wish to challenge the order of conviction on merits. He confines his arguments only to the question of sentence. He submits that the petitioner is an old man and is a heart patient and admitted to hospital and has already lost his job. Counsel prays that the petitioner be given the benefit of Section 360 Cr.P.C.

(3.) Heard counsel. Vide order dated 08.08.2005, a report of the Probation Officer was called for, which has been placed on record. From a perusal of the report it appears that the petitioner is educated, well behaved and sincere old man. The over all report about his conduct and behaviour from his locality as well from the jail No.2, Tihar has been found favourable and positive. A few neighbours were contacted during the investigation who gave a very favourable report about the behaviour and attitude of the accused person, nothing adverse has been found by the Probation Officer. The accused has been facing trial since 1981 and has undergone a great deal of social and economic stress. He is repentant for whatever has happened and prays for sympathetic consideration of the case.