Heard Sri Shivaling N. Padshetty, learned counsel

for the revision petitioner and Smt. Maya T.R., learned

High Court Government Pleader.

2.

This Revision Petition is filed by the

accused under Section 397 read with section 401 of

Cr.P.C., with the following prayer.:

“Hence it is prayed that the Hon'ble court

may pleased to call for the records of lower

Courts

and

set

aside

the

order

dated

13/08/2021 passed by the I Addl. Dist. &

Sessions Judge, Kalaburagi in Crl. Appeal No.

04/2020 and also order dated 10/12/2019

3

passed by the Prl. Civil Judge and J.M.F.C.,

Kalaburagi in C.C.No.1877/2014 and direct the

petitioner be acquitted of the offences alleged

against him, in the interest of justice and

equity.”

3.

Brief facts of the case for disposal of the

petition are as under:

Complainant being the Executive in Blue Dart

Courier Company Limited was dealing in the business

of delivering parcels/courier to its customers. They

were

dispatching

valuable

articles

which

were

purchased by the customers through online shopping

basis. On 16.01.2014, at about 5.00 p.m., as usual

outlet of the company was closed and the staff

members after locking the shutters went to their

houses. However, there were several shopping articles

like mobile phones, laptops, clothes etc., kept in the

office premises which were to be delivered to the

concerned

buyers

worth

Rs.8,13,717/-.

On

4

17.01.2014

at

about

8.40a.m.,

as

usual

the

complainant and other employees came to the office

premises and noticed that somebody had broke open

the locks put on to the shutters and by removing

shutters stolen away the valuables which were kept on

the previous day. After noticing the same, the

Executive of the Blue Dart Courier lodged a complaint

with

the

jurisdictional

police

and

police

after

registering the case investigated the matter and filed

the charge sheet against the accused for the offences

punishable under Sections 457 and 380 of IPC.

4.

On receipt of the charge sheet, learned

Magistrate took cognizance of the aforesaid offences

and after securing the presence of the accused,

charges were framed. Accused pleaded not guilty,

hence trial was held.

5

5.

In order to prove its case, the prosecution

examined 9 witnesses as P.Ws.1 to 9 and relied on 7

documentary

evidences

which

are

marked

and

exhibited at Ex.P.1 to P.7. Stolen articles were seized

by the Investigating Officer during the course of

investigation from the custody of the accused which

were also produced before the learned Magistrate and

marked and exhibited as M.Os.1 to 56.

6.

On conclusion of the recording of evidence,

the trial Magistrate recorded the statement of the

accused under Section 313 of Cr.P.C., wherein

accused denied all the incriminating materials found

against him in the case of the prosecution. Accused

did not offer any explanation in writing as is

contemplated under Section 313 (5) of Cr.P.C.

7.

Thereafter, learned Magistrate heard the

parties in detail and after considering the material on

6

record in a judicious manner, convicted and sentenced

the accused as under:

“Accused is sentenced for the rigorous

imprisonment of 2 years for the offence

punishable U/Sec.457 IPC and he shall pay fine

amount of Rs.10.000/-.

Accused is further sentenced for the

rigorous imprisonment of 2 years for the

offence punishable U/Sec.380 IPC and he shall

pay fine amount of Rs.10,000/-.

The

imprisonment

for

the

offences

punishable U/Secs. 457 and 380 IPC shall run

concurrently to Accused.

Out of the fine amount recovered from

the accused, Rs.5,000/- shall be defrayed to

the expenses of the State.

The

remaining

fine

amount

of

Rs.15,000/- recovered from the Accused shall

be paid to the P.W.1 (first informant).

In default of payment of fine, the

accused shall undergo simple imprisonment for

7

3 months each for the offences under Section

457 and 380 IPC.”

8.

Being aggrieved by the said judgment of

conviction, accused preferred an appeal before the

I-Additional District and Sessions Court in Criminal

Appeal No