STATE OF KARNATAKA Vs. SHIVAPPA

JUDGEMENT

(1.) This appeal by the State of Karnataka, represented by K.P.T.C.L. (Vigilance). Mysore, is directed against the judgment and order dated 12.7.2007 passed by the Special Court. Mandya, in Spl. Case (Elec) No. 99/2002. acquitting the respondent-accused of the offences punishable under Sections 39 and 44 of the Indian Electricity Act, 1910 (for short 'the Act').

(2.) P.W.4 H.S. Babu, working as Assistant Executive Engineer in the Vigilance Squad of the K.P.T.C.L. Mysore, along with his colleagues P.Ws.1 to 3, visited the electrical installation bearing R.R. No. HONP-13 installed in Hongahalli Mut. Keragodu Hobli, Mandya Taluk, standing in the name of the respondent-accused, on 3.1.2001 and found that the electric meter pertaining to the installation had been tampered in such a way that the entire electricity that was being consumed by the installation was not being recorded. Immediately, he lodged a complaint before P.W.8 S. Honnachar. Head Constable working in the Vigilance Squad, on the basis of which a case was registered and. after investigation, charge-sheet was filed against the respondent-accused for the offences punishable under Sections 39 and 44 of the Act.

(3.) The respondent-accused upon appearance, pleaded not guilty for the charges levelled against him. The prosecution examined P.Ws. 1 to 9 and got marked Exs.P-1 to P-10. The respondent-accused denied all the incriminating circumstances appearing in the prosecution evidence when he was examined under Section 313 of the Cr.P.C. The respondent-accused did not choose to lead any defence evidence. The defence of the respondent, was one of total denial and that the installation was not inspected by P.Ws. 1 to 4 at any point of time and that he has not committed any offence.