SUBAL BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae for the revision petitioner. Also heard Mr. B. Sarma, learned Addl. P.P., Assam for and on behalf of the State respondent.

(2.) The present revision has been preferred against the judgment and order dated 04.05.2013, passed by the learned Addl. Sessions Judge, No.1, Kamrup, in connection with Criminal Appeal No.115/2012.

(3.) Briefly stated the prosecution case is that on 29.01.2010, at about 11:45 P.M., while some of the customers entered into the SBI ATM at Singra under Boko P.S., found the accused person doing something suspiciously inside the ATM and on arrival of the other customers, the accused person hurriedly went out from the ATM and it was found by the other customers that the ATM was damaged to some extent and some articles were lying on the ground with some screw etc. Accordingly it was suspected that the accused person attempted to commit theft in the said ATM. On being informed of the matter, the Manager of the Luki Branch of the SBI under Boko P.S. lodged the FIR on 30.01.2010, before the Boko P.S. on the said facts.