STATE OF KARNATAKA Vs. G J GOPINATH

JUDGEMENT

(1.) This appeal is filed under Section 377 Cr.P.C., by the prosecution to modify the sentence imposed by the learned Trial Judge on the respondent / accused for the offence punishable under Section 135 of the Electricity Act, 2003 and to impose adequate sentence in respect of the charge which was subject matter of trial and consideration in Spl.CC No.95/2010, on the file of X Additional City Civil and Sessions Judge, Bengaluru.

(2.) The case of the prosecution was that the complainant visited the business run by the first accused in ply wood sheet, in the name and style of M/s.Shesha Sai Interiors, on 03.04.2009 at about 4.00 pm., and inspected the meter bearing RR No. W5P-1620, installed in the name of the second accused / Shylaja Sridhar and found tampered with fake seals interfered with gear mechanism, so as to adjust slowly at the rate of 15% to 20%, to the authorized consumption of authorized electricity and used for commercial purpose with the capacity of 3075 KW+2HP and committing of theft and thereby causing loss of Rs.1,89,769/- to the BESCOM. Case was registered and investigation was undertaken. Charge having been filed, case was registered in SPl.CC No.95/2010 on the file of the Special Court, Bengaluru City. The charge having been denied by the accused and they having claimed trial, prosecution examined PWs.1 to 8 and marked Exs.P1 to P16 and MOs.1 to 3. Accused got themselves examined as Dws.1 and 2 and marked Exs.D1 to D27. Appreciating the evidence with reference to the rival contentions, learned Trial Judge found accused No.1 guilty and convicted him for the offence under Section 135 of the Electricity Act, 2003.

(3.) Sri.B.Visweswaraiah, learned HCGP contended that the guilt of the first accused in respect of the offence alleged under Section 135 of the Act, having been established, the learned Trial Judge has failed to punish the accused appropriately. He submitted that the sentence imposed being inadequate, there is need for modification and imposition of appropriate punishment.