IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.R.No.3040/2010(O&M) Date of decision:17.11.2010. Umesh Kumar ....................Petitioner v. State of Haryana .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.BS Tewatia,Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner-Umesh Kumar has filed the present revision petition under Section 401 Cr.PC challenging the judgment and order dated 19.7.2010 passed by learned Sessions Judge,Faridabad, whereby the appeal filed by the petitioner was dismissed and the order of conviction and sentence dated 10/12.3.2010 passed by learned Addl.CJM,Faridabad, holding the petitioner guilty under Section 411 IPC and sentencing him to undergo RI for a period of six months and pay a fine of Rs.1000/-, was affirmed. Learned counsel for the petitioner has submitted that the impugned order is liable to be set aside as the same is based on mis- reading of evidence and thus non-application of judicial mind. After hearing the learned counsel for the petitioner, I find no merit in the submissions made by him. It has come on record that the stolen motorcycle bearing registration no.HR 29-K 4465 was reported to be stolen on 28.8.2005 from SRS Mall, Sector 12, Faridabad by the owner/complainant PW2 Lalit Tyagi and FIR No.328 dated 28.8.2009 PS Central, Faridabad was registered. The said motorcycle was recovered from the petitioner on his disclosure statement on his interrogation when the petitioner alongwith his co-accused namely Charan Singh and Ombir were apprehended on 15.10.2005 by ASI Ram Kumar, PW4 while conducting a checking. During the checking the three named accused were found to be in posseession of another stolen motorcycle bearing registration no. HR-51-H-4935 relating to a different FIR. They had revealed that some days ago they had stolen motorcycle bearing registration no. HR-29-K-4465, vehicle involved in the present FIR No.328. They also suffered disclosure statement regarding theft of other motorcycles. Learned trial Court on the basis of evidence produced on record convicted the petitioner Umesh Kumar on being found in conscious possession of the stolen motorcycle whereas the co- accused Charan Singh and Ombir were acquitted by giving them benefit of doubt. The contention of non-joining of any independent witness was held to be insignificant as there are no allegations of any ill-will against any of the prosecution witnesses-police officials. With regard to minor contradictions in the testimony of prosecution witnesses, leaned Sessions Judges has rightly observed that those contradictions are minor in nature and do not affect the case of the prosecution. If the witness would have deposed in a parrot like manner only then their statements would have been doubtful and that by passage of time such like minor contradictions are bound to occur and the benefit of the same cannot be given to the accused. Learned counsel for the petitioner, during the course of hearing, has miserably failed to show that the impugned orders suffer from any illegality or perversity. Accordingly,finding no merit in this revision petition the same is hereby dismissed. 17.11.2010. (Jaswant Singh) joshi Judge