Supreme CourtDivision Bench

Bankupalli Chinnababu vs State by its Public Prosecutor, A.P.

Supreme Court Of India · Decided on 27 September 2000 · Citation: (2002) 9 SCC 352

HON’BLE JUDGES
R. P. Sethi, J · K. T. Thomas, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 409
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal 827 of 2000 and SPECIAL LEAVE PETITION (CRIMINAL) 2696 of 2000
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Judgment

3 paragraphs · 146 words
1.

Leave granted.

2.

We issued notice limited to the quantum of sentence. The appellant was convicted u/s 409 of the Indian Penal Code and was sentenced to under simple imprisonment for a period of one year. The amount involved in the criminal breach of trust was Rs. 23,107/-. learned Counsel for the appellant submitted that the entire amount has been replenished to the person who is entitled. This submission is not disputed by the State. learned Counsel now submits that the appellant has already been in jail for 5 months and he pleaded that the sentence may be reduced to the period he has already undergone.

3.

In view of the development that he repaid the entire amount we are inclined to reduce the sentence to simple imprisonment for a period of 5 months. With this modification in the sentence this appeal is disposed of.