P. C. NAIK, J.

( 1 ) IN S. C. No. 9 of 1992 (S. C. 69/92 OCC), the petitioner was tried by the Asst. Sessions Judge, Bhanjanagar for offences under Ss. 364/384/511, IPC was made out, but an offence under S. 363 IPC has been made out against the petitioner and accordingly, he was held guilty of the said offence and was sentenced to undergo R. I. for a five years. Aggrieved by his conviction and sentence the petitioner field an appeal before the 1st Addl. Sessions Judge, Ganjam, Berhampur being criminal appeal No. 25/93 (129/92 ODC), Vide judgement dated 7-9-1993, the learned Addl. Sessions Judge affirmed the conviction under S. 363, IPC recorded by the trial Court, but reduced the sentence of 5 years imposed by the trial Court to R. I. for six months. The learned Addl. Sessions Judge however further also held that an offence under S. 384 read with S. 511, IPC was also made out and accordingly convicted the petitioner for the said offence and sentenced him to undergo R. I. for 15 days. Both the sentences were to run concurrently. Aggrieved by the appellate order, the petitioner (accused) has preferred this revision.

( 2 ) THE prosecution story is that P. W. 8, Hitesh Kumar Chawada i