ANWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has filed this appeal under Section 156 of Electricity Act, 2003 read with Section 380 of IPC challenging the judgment of conviction and order of sentence dated 01.08.2013 passed by the I Additional Sessions Judge, Raichur, in Special C.C (K) No.29/2012, whereby the learned Sessions Judge has convicted the appellant for the offence punishable under Section 135 of Electricity Act, 2003 and imposed Simple Imprisonment for three months with fine of Rs.89,724/- and in default, to undergo Rigorous Imprisonment for a period of six months.

(2.) For the sake of convenience, the parties herein are referred with the ranks occupied by them before the trial Court.

(3.) The brief facts leading to this case are that, a complaint was filed by the Assistant Executive Engineer, GESCOM, Raichur, against the accused/appellant alleging that, he has committed theft of electricity of 2321 units amounting to Rs.29,908/- and also compounding charges of Rs.2,000/-, under Section 135 of the Electricity Act, 2003. It is alleged that, on 09.02.2010 at 12.00 noon, the complainant checked the Air Compressor of Shop of appellant/accused situated in Mirzapur Village of Raichur District and he found that appellant/accused without possessing licence, directly and un-authorisedly by connecting service wire to LT line stealthily took electricity connection and committed theft of electricity of 2321 Units. The complainant has got disconnected the service wire with the assistance of a line-man, who accompanied him and by drawing a mahazar, seized the service wire and then he returned with the seized property and lodged a complaint with the GESCOM Police by producing the mazahar and seized property.