A. DEVENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 5 -12 -2009 in Special Case No. 117 of 2005 on the file of the 1st Additional District and Sessions Judge and Special Judge, Bengaluru Rural District whereby the appellant -accused has been convicted for the offences punishable under Sections 39 and 44 of the Indian Electricity Act, 1910. The case of the prosecution is briefly stated as under:

(2.) ON 20 -2 -2003 at about 4.00 p.m., P.Ws. 1, 2, 7 and 8 conducted a raid on his factory and inspected the electric meter. They found that the left side screw of the meter was broken and the meter cover was opened and thereby by tampering the meter the accused was illegally extracting the power supply in order to run his mosquito coil factory. As such, the power supply was disconnected, meter was removed and seized under a mahazar -Ex. P. 7 in the presence of P.Ws. 5 and 6 employees of the factory. The meter (M.O. 1) was forwarded to Meter Testing Department. The meter was tested in the Laboratory by P.Ws. 3 and 4 -Assistant Executive Engineers and a report was furnished as per Ex. P. 6 stating that it was tampered. P.W. 7 -Police Inspector in Vigilance, BESCOM, Police Station received complaint from C.W. 1 -Assistant Executive Engineer as per Ex. P. 9, registered a case under Sections 39 and 44 of Indian Electricity Act and recorded statement of witnesses, secured back billing report -Ex. P. 8 and Ex. P. 2. As such, a charge -sheet came to be filed against the accused for the offences punishable under Sections 39 and 44 of the Indian Electricity Act.

(3.) THE learned Special Judge upon hearing and on appreciation of the evidence held that the prosecution has been able to establish the tampering of the meter and theft of electricity, which resulted in conviction of the accused for the offences punishable under Sections 39 and 44 of the Indian Electricity Act. Hence, this appeal, questioning the legality of the judgment of conviction and sentence.