(1.) THE appellant (accused) was tried, convicted and sentenced for offences punishable under Sections 135 and 138 of the Indian Electricity Act, 2003. Therefore, he is before this Court.
(2.) I have heard Sri Sridhar, learned counsel for accused and learned Government Advocate for State.
(3.) IT is the case of the prosecution that sometime prior to 20.12.2006, accused had taken electric power connection to his house by hooking a wire to main line and connecting the same to load wire of his house. The accused was using electric power so abstracted and for his domestic purposes. The vigilance squad of Chamundeshwari Electric Supply Company visited the house of accused and found that accused was abstracting and committing theft of electric energy by hooking insulated wire to the main line and connecting the same to load wires in his house. When vigilance squad of CESCOM visited the house of accused, he was absent. However, his wife was present. The inspection team took the inventory of electric appliances/gadgets found in the house of accused. The inspection team got disconnected the insulated wire which was illegally connected from main line to load wires in house of accused. It was seized under Mahazar. Later the incident was informed to police, who on registration and completion of investigation, filed charge sheet against the accused. The learned counsel for accused has made following submissions: