Short Note : 1. Mohammad Ikabal and Mangilal were convicted by the trial Court for the offence under section 379 IPC and sentenced to undergo rigorous imprisonment for a period of six months each, but in appeal they were acquitted. 2. From the evidence it is clear that the prosecution failed to prove beyond any doubt that the respondents were found to be in possession of the bundles of wires which were stolen from the telephone line. The respondents were caught on the Bombay-Agra road which is a public Highway. Therefore, simply because the respondents were found to be present near about the place from where the telephone wires were cut it cannot be said that they were thieves. Appeal dismissed.