INDRAJIT PATEL Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) The appeal is directed against judgment dated 31.12.2008 passed by Special Judge under the Electricity Act, 2003, Raigarh (CG) in Special Case No.125/2007 wherein the said Court convicted the appellant for commission of offence under Sec. 135 of the Electricity Act, 2003 (for short 'the Act 2003') and sentenced him to undergo RI for six months and to pay fine of Rs.25,000.00 with default stipulation. The said Court further imposed civil liability as per Sec. 154(5) of the Act 2003 to the tune of Rs.20,000.00.

(2.) As per the version of the complainant side, the appellant was illegally using electric current for the purpose of irrigating his field and he also put 5 HP Submersible pump and connected it illegally with LT line and he used 6 MM VC wires for irrigation of his land. On 04.8.2007 at about 1.45 pm Assistant Engineer and other Engineers of the Electricity Board, Gharghoda went for inspection in the village of the appellant and found that the appellant was illegally connected electric current and used 5 HP pump for irrigating his land. During the enquiry, the appellant was present there, panchnama was prepared and signed by the appellant. The appellant was charge sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under: