STATE OF M.P. Vs. SEETARAM

JUDGEMENT

(1.) The instant appeal is against the judgment and order dated 19.08.1996 passed by the Court of Judicial Magistrate First Class, Bemetara, District - Durg in Criminal Case No. 716/1991, whereby the respondent-accused has been acquitted of the charges under Section 379 of IPC read with Section 39 of the [The Indian] Electricity Act, 1910 (Act 9 of 1910), (for short 'the Electricity Act').

(2.) The respondent-accused was tried for the offence punishable under Section 379 of IPC read with Section 39 of the Electricity Act before the Judicial Magistrate First Class, Bemetara, District, Durg, wherein, he was acquitted on the ground that the prosecution should have been lodged by the Electrical Inspector and as such the prosecution at the behest of the Junior Engineer of the Electricity Board is a nulity, which could not have been done. In a result the accused were acquitted of the charges.

(3.) The brief facts of the prosecution case, is that, one Seetaram who was resident of village Khamariya was using a electrical pump in his field by illegally obtaining the electricity line by hooking on to the wires and was using the pump. He therefore had committed a theft of Rs. 844/- towards the energy charges. It was the case of prosecution that while he was committing the theft of the electric energy, he was caught red handed and the pump and the starter which was in use was seized. Subsequently, the charge-sheet was filed under Section 379 of IPC read with Section 39 of the Electricity Act by the prosecution. The respondent-accused denied the charges and claimed to be tried.