1. The applicant was the accused no.4 in Regular Criminal Case No.110 of 2008 which was decided by the Judicial Magistrate, First Class, Railway Court, Pune. The allegation against the applicant was that, he had committed an offence punishable under section 411 of the Indian Penal Code. The allegation against the other three accused i.e. Accused no.1 Sandeep, Accused No.2 Harish and Accused no.3 Nilesh was that they had committed an offence punishable under section 379 of the Indian Penal Code read with section 34 of the IPC. The trial resulted in conviction of all the accused, including the applicant. The Magistrate sentenced all the accused – including the applicant to suffer RI for nine months and to pay a fine of Rs.2,000/-each in default to suffer SI for one month.

2. The applicant filed an appeal in the Court of Sessions, challenging his conviction and the sentence as imposed by the learned Magistrate. The Addl. Sessions Judge Pune, who heard the appeal, however, upheld the conviction and dismissed the appeal. Being aggrieved by the order of the Magistrate, convicting and sentencing the applicant, and the order of dismissal of his appeal by the Addl. Sessions Judge,