K V SHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant who was accused No.1 in Special Case No.23/2007 before the learned I Additional Sessions and Special Judge at Mysuru (hereinafter for brevity referred to as 'Special Court') has challenged the judgment of the said Court dated 07.09.2010, wherein the Special Court has convicted him for the offences punishable under Sections 135 and 138 of the Electricity Act, 2003 (hereinafter for brevity referred to as 'Electricity Act) and sentenced him accordingly.

(2.) The summary of the case of the prosecution is that on 14.03.2006, Sri.Aftab Ahmed, then Assistant Executive Engineer of Vigilence, Chamundeshwari Electrical Supply Company (hereinafter for brevity referred to as 'CESC'), Mysuru along with his squad and panchas visited an establishment by name Sri Venkatehwara Rice Mill situated at Kanagala village within his jurisdiction and owned and run by the present appellant / accused No.1. After verification of the electrical installation, there he noticed that the said rice mill was running with a connected load of 65 HP and load of 200 Watts and using CESC electricity. It was also noticed that the power supplied to the said rice mill was unauthorisedly extended by energising 11 KV newly erected line by providing fuses, wires and closing the G.O.S of 100 KVA Transformer and the power supply was extended from the unauthorisedly charged transformer to the installation through the underground cable of length of 175 feet with three phase connectivity.

(3.) The Special Court framed the charges against all the four accused for the offences punishable under Sections 135 and 138 of the Electricity Act r/w Sec. 34 of Indian Penal Code, 1860 (hereafter for brevity referred to as 'IPC').