ORDER :

Instant criminal revision petition filed under Section 397 Cr.PC read with Section 401 of Cr.PC, lays challenge to judgment dated 13.8.2012, passed by the learned Sessions Judge, Solan, District Solan, HP, in Criminal Appeal No. 2-S/10 of 2011, affirming the judgment of conviction and order of sentence dated 16.12.2010, passed by the learned Judicial Magistrate First Class-2, Nalagarh, District Solan, H.P., in Criminal Case No. 3/2 of 09/2004, whereby the learned trial Court while holding the petitioner-accused guilty of having committed offence punishable under Section 380 of IPC, convicted and sentenced him to undergo rigorous imprisonment for a period of six months and pay fine of Rs. 500/- and in default of payment of fine, to further undergo simple imprisonment for a period of ten days.

2. Precisely, the facts of the case, as emerge from the record are that in the intervening night of 13/14.10.2003 at about 2:30 AM, while police party headed by ASI Iqbal Hussain (PW7) was on patrolling duty at bus stand Nalagarh, a vehicle bearing registration No HP-10-2827, came, but driver of the aforesaid vehicle after having seen the police, turned back the vehicle. On suspicion, pol