BHAGABAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Revision is directed against the judgment dated 16.11.2001 passed by the Adhoc Addl. Sessions Judge, (FTC), Baripada in Criminal Appeal No. 187/17 of 2001 confirming the judgment dated 22.03.2001 passed by the S.D.J.M., Udala in G.R. Case No. 173 of 2000.

(2.) CASE of the prosecution is that P.W. 1 lodged the written report before the O.I.C., Udala P.S. stating therein that his cycle was removed by an unknown accused person. He also stated in the F.I.R. that he chased the culprit but could not apprehend him. Thereafter, the cycle was recovered by the O.I.C. (P.W. 5). Ultimately, charge -sheet was submitted under Section 379 IPC against the present Petitioner.

(3.) IN order to prove its case, prosecution has examined as many as five witnesses. But defence has not examined any witness.