JUDGMENT :

1. The instant criminal appeal, under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code'), has been preferred against the judgment and order dated 22.04.1996, passed by Ist Additional Sessions Judge, Unnao, in Sessions Trial No.191 of 1989, arising out of Case Crime No106 of 1988, P.S.-Achalganj, District-Unnao, whereby the appellant-Kamlesh (hereinafter referred to as appellant) has been convicted and sentenced for offence under Section 392 I.P.C. for seven years rigorous imprisonment and for offence under Section 397 I.P.C. for seven years rigorous imprisonment with further direction that both the sentences of the appellant shall run concurrently.

2. The prosecution case, in brief, is that Sakur Ahmad (P.W.-1) informant, was carrier of sales money from Kannaudia Petrol Pump, situated at Azad Marg Crossing, Kanpur, to the office of the firm where he was posted. On 21.07.1988, at about 8:30 a.m. he had come to the Kannaudia Petrol Pump by scooter Super Bajaj bearing registration No.UMO 257, provided by the said firm to collect the sales money and he received Rs.21,100/- from Ghanshyam Srivastava (Cashier), kept it in diggie (side luggage