JUDGMENT

Chandra Prakash, J. - This is an application in revision against the order dated June 14, 1971 of Sri A.P. Mathur Civil and Sessions Judge, Kanpur dismissing the applicant's appeal.

2. The applicant Kaushal Kishore was tried under Sections 379, 411 and 414 of the Indian Penal Code. The prosecution story, in brief, was that on April 18, 1966 one Deo Narain (P.W. 1) a student of P.P.N. College, Kanpur had kept a cycle in front of the Principal's office at about 7 a.m. He locked it also and went to attend the class. He returned at about 9-40 a.m. and found the cycle missing. He wrote a report and lodged it at Colonelganj Police station at 11-45 a.m. the same day. No thief or accused was named in the First Information Report (Ext. Ka-1).

3. The case was investigated by S.I. Nawal Kishore Singh (P.W. 8). He arrested the applicant on September 20, 1966 and at his pointing out recovered the lost cycle (Ext. 1) from the possession of Kripa Spanker (P.W. 6) at the gate of the Elgin Mills. Kripa Shanker disclosed that the applicant had sold the cycle to him on July 23, 66 for a sum of Rs. 85/- by means of receipt (Ka-2). The applicant was challenged as mentioned above.

4. The applica