1. - This revision is directed against the judgment dated 31st October 1956 of the learned Addl. Sessions Judge No. 5, Jaipur City. The learned Sessions Judge under the aforesaid judgment was dealing with an appeal filed by the accused petitioner before him against the judgment dated 7th December, 1984 of the learned Judicial Magistrate No. 14, Jaipur City, Jaipur convicting the accused-petitioner under Section 332 IPC and sentencing him to undergo 5 months rigorous imprisonment. The learned Sessions Judge allowed the appeal in part and while acquitting the petitioner of the offence under Section 332 IPC., for which he was convicted by the Trial Court, convicted the accused petitioner under Section 353 IPC and sentenced him to pay a fine of Rs. 500/- and in default of payment of fine it was ordered that the accused shall suffer two months rigorous imprisonment.

2. Mahendra Kumar Gatg P. W. 3 was posted as Assistant Engineer in Workshop Jaipur with the Rajasthan State Electricity Board (for short 'RSEB The accused-petitioner was also working under him in the workshop as Helper. It was the duty of Mahendra Kumar Garg to mark the petitioner present or absent in the Attendance