ONKAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant was convicted under Section 3 of the Railways Property (Unlawful Possession) Act and sentenced to undergo one year's rigorous imprisonment. Aggrieved, the applicant filed Cr. Appeal Mo. 76 of 1985 which came up for hearing and decision before the Addl. Sessions Judge, Ghaziabad. THE learned Addl. Sessions judge dismissed the appeal by his judgment dated 20-&-1985. Hence, this revision.

(2.) LEARNED counsel for the applicant pressed this revision only on the question of sentence. He pointed out from the judgment of the trial court that the value of the Railway property involved in the present case was Rs. 20/- only.

(3.) I have examined the material on record and have heard learned counsel for the parties on the question of sentence. In view of the fact that the value of the Railway property involved was Rs. 20/- only, I feel the interest of justice shall be met if the sentence of one year is reduced to a fine of Rs. 500/. The learned counsel for the applicant states that imposition of above fine will not be taken as enhancement of sentence.