Mukta Gupta, J.

1. By the present petition the Petitioner seeks to set aside judgment dated 25th February, 2009 passed by the learned Additional Sessions Judge upholding the judgment passed by the learned Metropolitan Magistrate dated 12th November, 2007 and the order on sentence dated 26th November, 2007 whereby the Petitioner was convicted for offence under Section 411 IPC and sentenced to undergo Rigorous Imprisonment for six months.

2. Learned counsel for the Petitioner primarily contends that the Petitioner was only sitting in the car which was allegedly the stolen car. The car has been seized from the possession of co-accused. The learned courts below failed to appreciate the fact that the petitioner had no knowledge about the stolen car and was simply occupying a seat in the car as a rider, thus no presumption can be raised against the petitioner. Furthermore the seizure memo of the car Ex.PW2/1 clearly records that the car was recovered from the possession of the co-accused Satya Bhagwan and no other evidence has been placed on record to prove that the same was recovered from the joint possession of the petitioner and the co-accused.

3. Per contra learned APP for the