1. This revision is filed for setting aside the order of the learned Sessions Judge, Dhemaji dated 30.4.2008 in Criminal Appeal No. 9(1)/2008 whereby the order of the learned Chief Judicial Magistrate, Dhemaji dated 21.1.2008 in GR Case 99/2006(SLP) convicting the petitioner under section 411 of the IPC and sentencing to R/I for 6 months with fine of Rs. 500 and in default to R/I for 15 days is affirmed.

2. Heard Mr. N. Baruah, learned counsel for petitioner and Ms. S. Hazarika Bora, learned Additional Public Prosecutor for the State.

3. One Lakhi Nath Dowarah lodged an FIR with the Sissiborgaon police outpost for the theft of a motorcycle carrying number plate AS-22/6021 and belonging to him, which was been parked near his granary, on 11.2.2006. The Silapathar police registered Silapathar PS Case 21/2006 under section 379 of the IPC. Acting a tip-off that two boys were searching for customers to sell a motorcycle near the Chowkidingi ASTC bus stand, the police went there and caught hold of the boys named Hementa Handique, the petitioner, and one Bhaiti Boruah alias Rupam Boruah and when quizzed they admitted to have stolen the two-wheeler. The police seized the motorcycle