ORDER :

Farjand Ali, J.

By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dated 10.08.2023 passed by the learned Sessions Judge, Banswara in Criminal Appeal No.23/2018, whereby the learned appellate court affirmed the judgment of conviction and order of sentence dated 02.04.2018 passed by learned Additional Judicial Magistrate, First Class, Banswara in Criminal Regular Case No.2383/2017; whereby the petitioner has been convicted for the offences under Sections 457 and 380 of the IPC and for each count he has been sentenced to undergo simple imprisonment of 3 years alongwith a fine of Rs.1,000/- with default sentence of 10 days' simple imprisonment.

2. Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that complainant Joeb S/o Fakharuddin Ratlami submitted a written report at the Police Station Kotwali, District Banswara to the effect that on 15.09.2007 at 04.30 a.m., Govind Lal Ji informed his brother telephonically that a theft has been committed in his mobile shop, upon which he reached there and found that the lock of the shop had been broken and shutter had been torn. The mobile and other articles were lying in the shop in scattered condition and the lock of the cash drawer had been broken. A separate list of stolen articles was stated to be submitted. On the basis of the aforesaid information, FIR No.391/2007 was registered and after usual investigation, a charge-sheet for the offences under Sections 457 and 380 of the IPC was filed against three persons including the present petitioner.

3. The Learned Magistrate framed charges against the petitioner for the above offences and upon denial of guilt by him, commenced the trial. During the course of trial, the prosecution in order to prove the offences, examined as many as 11 witnesses and exhibited 19 documents. The accused, upon being confronted with the prosecution allegations, in his statement under Section 313 CrPC, denied the allegations and claimed to be innocent. No evidence was adduced in defence. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned trial court convicted the petitioner for the offences under Sections 457 and 380 of the IPC vide judgment dated 02.04.2018. Being aggrieved of the aforesaid judgment, he preferred an appeal, which was dismissed by the learned appellate court vide judgment dated 10.08.2023 affirming the judgment passed by the trial court. Hence, this revision petition is filed before this court.

4. After arguing the case on merits to some extent, learned counsel appearing for the petitioner submits that he will not assail conviction of the petitioner and confines his arguments to the alternative prayer of reduction of the sentence awarded by the trial court. He submits that the incident in the present case pertains to the year 2007. The petitioner was aged 21 years at that time. He is a poor person. He was not having any criminal antecedents and it was the first criminal case registered against him. No adverse remark has been passed over his conduct except the impugned judgment. The petitioner has already suffered agony of protracted trial of 16 years. He remained in custody for some time during trial, during appeal and presently he is in judicial custody after passing of the judgment in appeal. With these submissions, learned counsel prays that by taking a lenient view, the sentences awarded to the petitioner may be reduced to the period already undergone.

5. Learned public prosecutor has, of course, been able to defend the case on merits bu