Case Note & Summary
The revision petitioner, K. Balamurugan, was prosecuted before the District Munsif-cum-Judicial Magistrate, Uthukuli, for offences under Sections 457 read with 34 and 380 read with 34 of the Indian Penal Code, 1860 (IPC). The Trial Court, by judgment dated 30.10.2023 in C.C.No.134 of 2023, convicted the petitioner and sentenced him to three years simple imprisonment with a fine of Rs.10,000/- for each offence, with default sentences, and directed the sentences to run consecutively. Aggrieved, the petitioner appealed in Crl.A.No.33 of 2025 before the I Additional District and Sessions Judge, Tiruppur, who confirmed the conviction but modified the sentence to run concurrently. Not satisfied, the petitioner filed the present criminal revision under Sections 438 and 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the Madras High Court. During the revision hearing, the petitioner's counsel conceded that he would not challenge the finding of guilt and only sought modification of the sentence. The counsel submitted that the petitioner had already undergone 958 days of imprisonment as of 13.03.2026, including 866 days as a convict from 30.10.2023 to 13.03.2026 and 92 days during remand. The Court, considering the concession and the period already undergone, reduced the sentence to the period already undergone and directed the petitioner to be released forthwith unless required in any other case. The revision was disposed of accordingly.
Headnote
A) Criminal Law - Sentence Modification - Concession of Guilt - Petitioner did not challenge conviction but sought reduction of sentence to period already undergone - Court held that since petitioner had undergone 958 days of imprisonment and had conceded guilt, sentence reduced to period already undergone (Paras 6-8).
Issue of Consideration
Whether the sentence of imprisonment can be reduced to the period already undergone when the petitioner does not challenge the conviction but only seeks modification of sentence.
Final Decision
The revision is disposed of by reducing the sentence of imprisonment to the period already undergone. The petitioner is directed to be released forthwith unless his presence is required in any other case. The fine amount imposed by the Trial Court is confirmed.
Law Points
- Sentence modification
- period already undergone
- concurrent running of sentences
- concession of guilt
- Section 457 IPC
- Section 380 IPC
Case Details
Crl.R.C.No.447 of 2026 and Crl.M.P.No.3366 of 2026
Mr. W. Camyles Gandhi, Mr. R. Kishore Kumar
State rep. by The Inspector of Police, Kunnathur Police Station, Tiruppur District
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Nature of Litigation
Criminal revision against conviction and sentence for offences under Sections 457 r/w 34 and 380 r/w 34 IPC.
Remedy Sought
Petitioner sought setting aside of the appellate judgment and reduction of sentence to period already undergone.
Filing Reason
Petitioner was convicted and sentenced by Trial Court, which was partly confirmed by Appellate Court; petitioner sought further modification of sentence.
Previous Decisions
Trial Court convicted and sentenced petitioner to 3 years SI for each offence with consecutive running; Appellate Court confirmed conviction but modified sentences to run concurrently.
Issues
Whether the sentence can be reduced to period already undergone when petitioner concedes guilt and does not challenge conviction.
Submissions/Arguments
Petitioner's counsel submitted that petitioner does not challenge the finding of guilt and only seeks modification of sentence. Petitioner has already undergone 958 days of imprisonment. Sentence may be reduced to period already undergone.
Ratio Decidendi
Where the petitioner does not challenge the conviction and has already undergone a substantial period of imprisonment, the court may, in the interest of justice, reduce the sentence to the period already undergone.
Judgment Excerpts
The learned counsel appearing for the revision petitioner submitted that, having regard to the evidence on record and the concurrent findings rendered by the Courts below, he would not challenge the finding of guilt and would only seek modification of the sentence.
The petitioner has so far undergone 958 days of imprisonment as on 13.03.2026.
This Court is inclined to reduce the sentence of imprisonment to the period already undergone.
Procedural History
Trial Court (District Munsif cum Judicial Magistrate, Uthukuli) convicted petitioner on 30.10.2023 in C.C.No.134 of 2023. Petitioner appealed to I Additional District and Sessions Judge, Tiruppur in Crl.A.No.33 of 2025, which confirmed conviction but modified sentences to run concurrently on 28.08.2025. Petitioner then filed criminal revision before Madras High Court in Crl.R.C.No.447 of 2026, which was disposed of on 21.04.2026.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 457, 380, 34
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): 438
