SURESH KAIT, J.

1. By way of the present appeal filed under Section 374 Cr.P.C. appellant has challenged the judgment dated 16.01.2002, whereby he was held guilty for the offences punishable under Sections 397 and 392 read with Section 34 IPC.

2. Further challenged the order on sentence dated 02.02.2002, whereby he was sentenced to undergo RI for a period of three years with fine of Rs.700/- for the offences punishable under Sections 392/34 IPC and in default of payment, he was further directed to undergo SI for 1½ months. Petitioner was also sentenced to undergo RI for a period of seven years for the offence punishable under Section 397 IPC. Both the sentences were directed to run concurrently and benefit of Section 428 Cr.P.C. was also given to the appellant.

3. Facts in brief are that on 04.12.1999, SI Bani Singh and SI Raj Kumar were on their patrolling duty in their official Gypsy and when they reached the outer circle, Punchkuian Road at about 12.20 am, they heard “Chor Chor Pakro Pakro”. At that time two constables namely Satpal and Sat Prakash, who were on their patrolling duty came there. SI Bani Singh and Raj Kumar saw that one person was running after two boys