VALI SAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is preferred against the judgment of conviction and order of sentence passed by the learned Special Judge, Bellary, in Special Case No.14/2008 dated 01.02.2011, wherein the trial Court has convicted the accused/appellant for the offence punishable under Sections 39 and 44 of the Indian Electricity Act, 1910 (hereinafter referred to as the 'IE Act', for brevity) and sentenced him to pay fine of Rs.6,000/- in default to undergo simple imprisonment for a period of four months. In addition, the appellant/accused is also held liable to pay arrears of BBC amount after deducting the amount deposited, if any, as per law.

(2.) I have heard the arguments of learned counsel for the appellant and also the learned Government Pleader.

(3.) Learned counsel for the appellant strenuously contended that the trial Court has erroneously convicted the accused for the above said offences in the absence of sufficient evidence on record. The trial court has not properly appreciated the oral and documentary evidence on record and not given the benefit of reasonable doubt arising out of the evidence of the prosecution witnesses. The trial Court has also erroneously drawn presumption under Section 39 of the IE Act, though the prosecution has not proved the guilt of the accused on facts under the said Section. Further, he contended that even though there is delay in filing the charge sheet, the trial Court took cognizance without condoning the delay.