PREM KUMAR Vs. STATE

JUDGEMENT

(1.) By the present petition the Petitioner seeks setting aside of the order dated 18 th March, 2009 passed by Learned Additional Sessions Judge upholding the conviction of the petitioner under section 379/34 IPC and acquitting him for the offence charged.

(2.) Learned counsel for the Petitioner states that the conviction of the Petitioner under section 379/34 IPC is erroneous and no case under the section is made out against the Petitioner as the essential requirements of the section are not fulfilled in the present case. There are inconsistencies and contradictions in the testimonies of the witnesses and the same does not inspire confidence. During the entire trial the petitioner was either unrepresented or was represented through the legal aid counsel which has caused grave prejudice to him. Hence the Petitioner cannot be convicted for the said offence and the impugned order is liable to be set aside.

(3.) Per contra learned APP states that the impugned judgment suffers from no illegality, the Petitioner has already been released on probation by the learned Additional Sessions Judge. Thus the present revision petition is liable to be dismissed.