HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 819 OF 2004 DATED 30th JUNE, 2010. BETWEEN Khaja Mian @ Khaja …..Petitioner/Accused and The State of AP, Rep. By its Public Prosecutor …Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 819 OF 2004 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Cr.P.C. is ﬁled aggrieved by the judgment dated 5.4.2004 passed in Criminal Appeal No. 62 of 2004 by the learned Additional Metropolitan Sessions Judge for trial of Communal Oﬀence cases-cum-VII Additional Metropolitan Sessions Judge, Red Hills, Namapally, Hyderabad, conﬁrming the conviction and sentence recorded against the petitioner/Accused for the oﬀence punishable under Section 379 IPC in the order dated 28.2.2004 in C.C.No. 993 of 2001 by the learned V Metropolitan Magistrate Nampaally, Hyderabad. Brief facts of the prosecution case are that on 6.8.2001 P.W.1-Sri S.M. Subhani, a resident of Srikrishna nagar, Yousfguda,Hyderabad, after completion of the newly constructed house warning ceremony at Madhapur, engaged an auto for returning to his house along with P.W.2, situated at Sri Krishnanagar with the luggage and after reaching the house, while he was shifting the luggage from the auto to his house, the auto driver hurriedly collected the fare and went away. On veriﬁcation of his luggage, P.W.1 found a rexine suit case containing valuables missing and the auto driver took away the suit case which contains gold, silver ornaments and cloths , all worth Rs.70,000/-. On receiving the complaint from P.W.1, the police registered the same as case in Cr.No. 203 of 2001 under Section 379 IPC and investigated into. Thereafter the police apprehended the accused, who confessed the commission of oﬀence. After ﬁling the charge sheet, the trial Court took the cognisance of the case on ﬁle for the oﬀence under Section 379 IPC against the accused. The trial Court on a full-ﬂedged trial and appreciation of the evidence on record found the accused guilty of the oﬀence punishable under Section 379 of IPC and accordingly convicted and sentenced the accused to undergo R.I. for one year and to pay a ﬁne of Rs.5000/-, in default to suﬀer S.I. for three months. On appeal being Criminal Appeal. No. 62 of 2004 preferred by the petitioner/accused, the lower Appellate Court, on appreciation of the evidence on record, dismissed the appeal conﬁrming the conviction and sentence recorded by the trial Court. Hence this revision. Heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent-State. It is needles to state that the powers of the High Court in exercising its jurisdiction under Sections 397 and 401 of Cr.P.C. are truncated and unless the ﬁnding recorded by the Court below is shown to be perverse or incorrect or illegal or not based on any evidence on record, the judgment under challenge needs interference. In the present case, on a perusal of the evidence available on record and on hearing the learned Counsel appearing on either side, this Court is of the ﬁrm view that the prosecution has proved the oﬀence against the accused punishable under Section 379 IPC beyond all doubts. This on re- appreciation of the evidence on record ﬁnds no illegality or irregularity or perversity in the ﬁndings recorded by the Courts below so as to interfere with the same. The Criminal Revision Case is dismissed. ----------------------------------- JUSTICE RAJA ELANGO DATED 30th JUNE, 2010. Msnr.