ORDER

The concurrent verdicts of Judicial First Class Magistrate Court-II, Pathanamthitta and the Additional Sessions Court (Adhoc) Fast Track Court-II, Pathanamthitta in C.C No.91/2003 and Crl.A No.218/2005 respectively convicting and sentencing the petitioner for the commission of offence under Section 381 I.P.C, are under challenge in this revision petition.

2. The prosecution case is that in between 4:00 a.m and 6:00 a.m on 11.01.2003, the petitioner committed theft of MO1 to MO8 from a hotel at Pullad where he had been working as an employee of PW2 to whom the above hotel belonged. The value of the stolen items is stated to be Rs.3,500/-. In connection with the above incident, the S.I of Police, Koyipuram filed the final report alleging the commission of the aforesaid offence by the petitioner.

3. Before the learned Magistrate, the prosecution examined four witnesses as PW1 to PW4 and marked five documents as Exts.P1 to P5. MO1 to MO8 were identified as material objects. From the part of the accused, one witness was examined as DW1 in addition to his own testimony as DW2. Four documents were marked as Exts.D1 to D4 through DW1 and DW2. It is after the evaluation of the aforesai