(1.) Convicted accused no. 1 is in appeal against his conviction for the offences punishable under Sections 135 and 138 of The Electricity Act, 2003, (hereinafter referred to as the Act, for brevity) and consequent sentence imposed. Heard learned counsel for the appellant, Mr. S.G. Bhagavan and learned HCGP, Mr. Raja Subrahmanya Bhat. Perused records in supplementation thereto which reveals:
(2.) With his persuasive eloquence, learned senior counsel, Sri S.G. Bhagavan while referring to the evidence on record to contend such evidence does not even remotely establish the charge to inculpate the appellant, has laid strong emphasis on the irregularities in the proceedings right from the inception of investigation till pronouncement of judgment by the trial judge. His core contentions are:
(3.) Mr. Raja Subrahmanya Bhat, responding to these contentious issues, though does not dispute the legal position, but on facts he tried to bring out the distinction. In view of such stand by the State, necessarily Sections 151, 153 and 154 of the Act need consideration. The provision reads thus: