KAREEN KHAN Vs. THE STATE BY TAVAREKERE POLICE

JUDGEMENT

(1.) THE conviction and sentence ordered by the trial Court for the offence punishable under Section 136 of the Electricity Act, 2003 [hereinafter referred to as "the Act" for short], challenged in this appeal.

(2.) THE facts reveal that 810 mtrs. of copper wire from the electricity pole from STP 529 was stolen and a complaint was filed by a Junior Engineer, BESCOM [P.W. 1] under Ex. P1. The stolen electricity wire was worth more than Rs. 5,000 -00. During investigation of the aforesaid complaint, spot -mahazar was held as per Ex. P2 and M.O. 1 -pieces of copper wires were seized in the presence of P.Ws. 3 and 4.

(3.) THE Apex Court in the decision reported in : (2014)14 SCC 222 Surya Baksh Singh v. State of Uttar Pradesh held that when the accused is not in custody and the counsel does not appear, the Court can dispose of the appeal on merits. It is relevant to note that the appeal is of the year 2010 and despite the fact that the matter was taken up for hearing on two occasions in the day, learned counsel for the appellant is absent. On perusal of the appeal memo and the record and after hearing learned High Court Government Pleader, the appeal is being disposed of.