JUDGMENT :

1. By way of this petition, the petitioner has prayed to quash and set aside order dated 19.4.2012 passed by the learned Addl. Sessions Judge, Una in Criminal Appeal No.16 of 2012 confirming the judgment and order dated 7.9.2009 passed by the learned JMFC, Una in Criminal Case No.889 of 2008.

1.1 According to the prosecution case, the present incident of housebreaking and theft was committed on 1.5.2008 at 11/30 pm in Una town. According to the prosecution case, co-accused Bhavesh and Mohanbhai break open the gate of rear side of the house of Ajitkumar Ramniklal, committed criminal trespass and committed theft of some utensils worth Rs. 9000/- from the house. Further, it is the prosecution case that above said co- accused persons sold the above said muddamal to present applicant which was kept at the house of co-accused Kanji @ Kanabhai. Therefore, it is the prosecution case that the present applicant dishonestly received and retained above said stolen property with him knowing fully well that it was a stolen property and thereby present applicant has committed an offence punishable u / s 411, 201 r / w . 114 of IPC. Charge sheet was submitted. At the conclusion of trial,