DILKUSH F DESSAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. F. Rebello, learned Counsel for the petitioner and Mr. G. U. Bhobe, learned public Prosecutor for the State.

(2.) THIS Application is directed against the order dated 29111 November, 1993 passed by the learned Sessions Judge, South Goa, Margao, allowing partly-the appellants Appeal so as to confirm his conviction for an offence punishable under Section 379 of the Indian Penal Code made in Criminal Case No. 133/p/88 decided by the Judicial Magistrate, First Class, Quepem, but reducing the sentence to a fine from Rs. 1000/- to Rs. 500/ -.

(3.) THE contention of Mr. Rebello is that the conviction of the appellant is totally unwarranted on the facts as well as on law because, both the Courts below have taken an unreasonable view in believing the alleged two eye-witnesses and, secondly, they have ignored totally that the element file ://d :\prograrn Files\crirnes\database\aa\aa\cmo 1994-3 (42 of 1993 ). htrn 8/18/2006 of dishonesty in the alleged removal of vehicle was not proved at all.