JUDGMENT :

1. Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dated 17.03.2016 passed by learned Additional Session Judge, No.1, Jodhpur Metropolitan (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No.31/2015 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 13.02.2015 passed by the learned Additional Chief Metropolitan Magistrate No.2, Jodhpur Metropolitan (hereinafter referred to as ‘the trial court’) in Criminal Original Case No.195/2009, whereby, the learned trial court convicted and sentenced the present petitioner as under :

Offence U/s 457 IPC : Three years’ S.I. and a fine of Rs.1,000/- and in default of payment of fine, to further undergo 15 days’ S.I.

Offence U/s 380 IPC : Three years’ S.I. and a fine of Rs.1,000/- and in default of payment of fine, to further undergo 15 days’ S.I.

2. Both the sentences were ordered to run concurrently.

3. Brief facts of the case are that on 01.12.2008, complainant Ashok Chouhan submitted a written report before Police Station Pratap Nagar, Jodhpur to the effect that on 28.11.2008, he went to Balotra, Barmer t