JAIN, J.— This revision is directed against the judgment of learned Addl. Sessions Judge, Rajsamand dt. 22.2.84 whereby he has maintained the conviction of the petitioner u/s. 411 IPC passed by the learned Munsif and Judicial Magistrate, Rajsamand dt. 2.9.83 but reduced the sentence from one year to three months S.I.

(2). Brief facts of the prosecution case are that one Bhanwarlal lodged an F.I.R. on 3.2.80 alleging that a theft has been committed on 2.1.80 from his cycle shop. On this police registered a case u/s. 457 and 380 IPC. Challan was filed against the petitioner, Jamnanand and Avantilal. The learned Magistrate after conclusion of the trial acquitted two co-accused but convicted the petitioner u/s. 411 IPC on the basis of recovery and sentenced him to one year R.I. On appeal, the conviction of the petitioner was maintained but the sentence was reduced as stated above.

(3). Mr. D.S. Shishodia, learned counsel for the petitioner has submitted that when theft was not proved and the other co-accused have been acquitted, the petitioners conviction only on the basis of alleged recovery, which is not admissible, cannot be maintained. He has placed reliance on Pohalya Motya Valvi Vs

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