This is a private partys revision filed against the judgment of the Sessions Judge, Allahabad dated 25-8-1976 allowing the appeal filed by the opposite party.

2. Briefly stated the facts are that the opposite party was in the service of the Military Department and was posted in the Fort at Allahabad. He was at the relevant time working in 508 Army Base Workshop. On July 22, 1972 at about 1-30 P. M. when he reached at gate no. 2, Arun Kumar Chauki-dar (PW 2) felt suspicious and thereafter Hari Mathur (PW 1) and R. K. Mittal, (PW 3) were sent. Thereafter a personal search of the applicant was taken and three articles tied with his feet were recovered. These articles were timing shaft, floating bush and rocker arm, which were the parts of motor cycle. Thereafter Hari Mathur (PW 1) wrote a first information report and lodged the same with the police at 4 P. M. The applicant and the articles recovered from his possession were handed over to the police. The case was investigated by Qazi Ikhlaq Husain and thereafter a charge-sheet was submitted against the applicant for the offence under Section 379 I. P. C. The applicant denied the charge and asserted that he had been f