Per Deepak Gupta, J. (Oral):- This Criminal Revision is directed against the JUDGMENT of the learned Additional Sessions Judge-II, Kangra at Dharamshala, in Criminal appeal No. 10-N/2000 dated 3.7.2002, whereby while dismissing the appeal filed by the accused he modified the JUDGMENT of the trial Court and set-aside the order of acquittal which had been passed by the learned trial Court in favour of the accused in respect of the offence under Section 457 IPC. Briefly stated the facts of the case are that the petitioner was tried for having committed offences punishable under Section 380 read with Section 457 IPC. F.I.R. 4 of 2000 was registered on the complaint of one Shri Rajneesh Mahajan. The complainant stated that he alongwith his family members had gone to D.M.C, Ludhiana for the treatment of his sister. He had locked his residential house. When he came back he found that the lock of the main gate was missing and when he entered his room the almirah in the room was open. From the almirah, Rs.38,000/-, one key, one pass book, photocopies of two FDRs etc. was found missing. Matter was reported to the police. After investigation, the accused was arrested. During investig