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 mobi