CHHATTISGARH RAJYA,VIDDUTTA MANDAL Vs. KIRAN YADAVA

JUDGEMENT

(1.) THE present Acquittal Appeal has been preferred by the Appellant against the judgement dated 10.11.2009 passed by the Special Judge (Electricity Act), Bilaspur, in Electricity Criminal Case No.49/2008, whereby the Respondent has been acquitted of the charge under Section 135 of the Electricity Act, 2003.

(2.) BRIEF facts giving rise to the filing of the instant Acquittal Appeal as per the complaint are that on 1.3.2008 on inspection of the premises of the Respondent by Executive Engineer (Vigilance) R.K. Patel, Security Personnels I.P. Chandra and B.P. Mishra and Lineman J.D. Manikpuri, it was found by them that the Respondent had taken electricity connection illegally in his dairy -farm by hooking a wire from the Low Tension line and therefrom he was using a pump of 746watt, four bulbs of 60watt each, two fans of 60watt each, one bulb of 200watt illegally in the campus. In this connection, spot inspection report, panchnama and calculation -sheet was prepared regarding the theft of electricity and thereafter a report regarding the said theft of electricity was got also lodged at Police Station, Civil Lines against the Respondent and that the Respondent was also issued with a electricity bill amounting to Rs.25,994/ -. Thereafter, a complaint case (i.e. 'Electricity Criminal Case No.49/2008') was filed before the Special Judge (Electricity Act), Bilaspur, against the Respondent for having committed the offence under Section 135 of the Electricity Act, 2003, and the matter was put to trial.

(3.) DURING the course of trial, two witnesses i.e. R.K. Patel, Assistant Engineer (Vigilance) and CM. Kumar, Assistant Engineer were examined as PW -1 and PW -2, respectively, on behalf of the prosecution in support of its case. Statement of the accused Respondent was recorded under Section 313 of CrPC in which he denied the circumstances appearing against him in the prosecution case and pleaded innocence and false implication.