JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Mr. A.K. Bhuyan, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Addl. PP, Assam.

2. The present criminal revision petition is filed assailing the judgment dated 30.04.2011, passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati in GR Case No.2598/2001 convicting the petitioner to undergo SI for six months.

3. The further challenge is the appellate judgment and order dated 07.08.2012, passed by the learned Additional Sessions Judge, Kamrup, Guwahati in Criminal Appeal No.25/2011 arising out of GR Case No.2598/2001 whereby the judgment and order dated 30.04.2011 passed by the learned CJM was upheld.

4. The prosecution case in a nutshell is that on 21.07.2001 one Shri P.J. Dutta, Superintendent Engineer (Operation) OIL lodged an FIR with the Jalukbari PS alleging inter alia that there was some abnormal behaviour at the cathodic current of their pipeline at R.O.W. km 420 (Tetelia) and on physical survey they found one extra pipe was connected to the main oil carrying pipe of Oil India Ltd.

5. On the basis of the said information, Jalukbari PS Case No.155/01 under section 379/427 IPC read with section 3(2)(B) of Preven