K. Harilal, J.

1. The Revision Petitioner is the accused in C.C.No.150/2008 on the files of the Judicial First Class Magistrate Court-I, Manjeri, as well as the appellant in Crl. Appeal No.98/2010 of the Additional Sessions Judge (Ad hoc)-III, Manjeri. He was prosecuted for the offence punishable under Section 379 of the Indian Penal Code. After trial, the learned Magistrate found him guilty of the said offence and convicted thereunder. He was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/-, in default of payment of fine, he shall undergo simple imprisonment for a further period of three months. Though the Revision Petitioner had preferred an appeal, the Appellate Court also confirmed the conviction and sentence. This Revision Petition is filed challenging the concurrent findings of conviction entered and sentence imposed on the revision petitioner by the courts below.

2. Prosecution case is that a motor cycle bearing No. KRP 6959 worth Rs.10,000/-, belongs to the brother of PW5 who is working at Bangalore, was being used by PW5 for his personal use. On 08.02.2007, PW5 visited the District Hospital, Manjeri, after parking the above motor