1. This Criminal revision is filed to set aside the judgment passed by the learned Additional Sessions Judge, Karaikal in Crl.A.No.8 of 2011 dated 07.09.2011 confirming the conviction and sentence imposed by the learned Judicial Magistrate No. II in CC.No.232 of 2010 dated 28.09.2010.

2. The brief facts of the case is as follows :-

On 27.06.2009 around 11.00 pm when the complainant was sleeping in his fruit shop, on hearing some noise, he woke up and found that the cash drawer was broken and a sum of Rs.780/- was found missing. At the same time, he saw the accused running from the spot and the complainant made an alarm and with the help of PW2 and PW3 the accused was caught red handed and handed over the accused to the police along with the cash of Rs.780/-. On receipt of the said information and the complaint, the Station House Officer, Karaikal Police Station reduced the complaint into FIR in Cr.No.165/2009 for the offence under Section 380 IPC and seized a sum of Rs.780/- under Form-95 in the presence of witnesses PW2 and PW3 and arrested the accused and sent him to judicial custody.

3. During the course of trial, the trial Court examined PW1 to PW4 and marked Exs.P1 to P5 a