Subhasis Talapatra, J.

1. Heard Mr. B.N. Majumder, learned Amicus Curiae, appearing for the petitioner as well as Mr. R.C. Debnath, learned Special PP appearing for the State-respondent. By this petition filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (Cr. P.C. in short), the judgment and order dated 03.08.2004 passed by the learned Sessions Judge, West Tripura, Agartala in Crl. Appeal No. 8(1) of 2004 has been challenged.

2. The judgment and order dated 16.12.2003 passed by the learned Judicial Magistrate, 1st Class, Agartala, West Tripura in GR Case No. 318 of 2002 was questioned in the appeal as filed by the convict herein in the Court of Sessions Judge and the said appeal was dismissed on affirming the finding of conviction under Section 379, IPC.

3. For appreciation, the Prosecution case, bereft of unnecessary details be noticed as under:-

813 pieces of 80 mm dia GI pipes were stored inside the Microwave Station, Lichubagan by the BSNL and on 04.05.2002 during the periodical verification it was detected that 286 Nos. of GI pipes were missing from the premises of the Microwave Station. One K. K. Roy, the Divisional Engineer of the BSNL inf