JUDGMENT

King, J. - This is an application in revision against an appellate order of the learned Sessions Judge of Meerut convicting the applicant u/s 411 of the Indian Penal Code.

2. The accused was charged in the trial court with kidnapping a boy from the lawful guardianship of his father, and with having stolen a hundred rupee note, under Sections 363 and 379 of the Indian Penal Code. The trial Magistrate convicted the accused under both Sections.

3. In appeal the learned Sessions Judge set aside the conviction u/s 363 on the ground that it was at least doubtful whether the boy, whom the accused had taken away, was under the age of fourteen years on the date of the alleged offence.

4. With reference to the conviction u/s 379 the Judge found that the evidence did not prove that the accused himself committed the theft of the note. The facts alleged by the prosecution were that the boy himself stole the note from his father, at the instigation of the accused. On these allegations I agree with the learned Sessions Judge that the accused should have been charged with abetment of the theft u/s 379/109 and with dishonestly receiving stolen property u/s 411 of the Indian Penal Code. The Jud