NARAYAN SINGH KANWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 5.4.2018 passed by the learned Special Judge (Electricity Act), Rajnandgaon, District-Rajnandgaon, Chhattisgarh in Special Cr. (Electricity) Case No.26/2015 convicting the accused/appellant under Section 135 of Electricity Act, 2003 & Section 379 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo RI for 6 months with fine of Rs.1,50,000/- in default of payment of fine further R.I. for 4 months.

(2.) The prosecution case, in brief, is this that on 30.4.2015 the officials of CSPDCL, Dongargarh raided the premises of appellant and found that he was committing theft of electric energy by direct hooking from the supply line and using motor of 3 HP load in his borewell. The total theft of revenue was calculated to be Rs.1,36,331/-, the appellant did not pay the same and did not compromise with the CSPDCL. Subsequent to which, complaint was filed before the concerned Court.

(3.) The appellant denied the substance of accusation and prayed for trial. Statement of appellant under Section 313 of CrPC has been recorded in which he denied all the incriminating evidence available against him, pleaded innocence and false implication. No witness was examined in defence. After completion of trial, impugned judgment has been passed in which the appellant stands convicted and sentenced as aforesaid.