JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. P.J. Saikia, learned counsel for the petitioner and Mr. D.K. Dey, learned Standing Counsel, Railway for the sole respondent.

2. The present criminal revision petition under Sections 397/ 401 read with Section 482 of the Code of Criminal Procedure, 1973 is filed challenging the legality, propriety and correctness of the judgment and order dated 05.06.2009 passed by the learned Special Judicial Magistrate (Railway) First Class, Tinsukia in connection with SR/CR Case No. 174/2005 vide RPF/POST/MXN Case No. 1(4) 2005 convicting the petitioner and sentencing him to undergo Simple Imprisonment (SI) for 6 (six) months. Further, the challenge is against the judgment and order dated 12.08.2010 passed by the learned Sessions Judge, Sivasagar in Criminal Appeal No. 7(3)/2009 upholding the impugned judgment and order dated 05.06.2009, as noted above.

3. The prosecution story in nutshell is that:

(i) On 21.04.2005, the Inspector of RPF Mariani N.F. Railway, lodged a complaint alleging that on 18.04.2005 at about 17:00 hours, he received an FIR from the Senior Section Engineer (SSE), P-way, N.F. Railway Simaluguri regarding the theft of CST/9 Pot and Tie