PUSHPA SHARMA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) PUSHPA Sharma (the appellant) challenges the correctness of judgment dated 19.07.2011 of learned Additional Sessions Judge in Complaint Case No. 1029/2006 PS Mehrauli under Section 135 Electricity Act, 2003 by which she was convicted for committing the offence under Section 135 of the Act. By an order dated 10.01.2012, she was sentenced to undergo RI for six months. Civil liability of Rs. 1,18,175/- was assessed.

(2.) ALLEGATIONS against the appellant were that on 11.03.2006 at about 01.10 P.M. premises bearing No. 177 EA, Ward No. 2, Shop No. 51, Mehrauli, New Delhi were inspected and it was found that one single phase electronic meter was installed and it was lying in idle condition. The appellant was user of the said premises and the said meter was in her name. She was not using the electricity through the said meter but was illegally using it by tapping the bus bar with the aid of copper wire. The team found that total connected load was 10.75 KW. The necessary proceedings were conducted and the complaint case was filed. The appellant was summoned for the offence under Section 135 of the Electricity Act, 2003. The respondent examined four witnesses. In her 313 statement, she pleaded false implication. She examined three witnesses in defence. After appreciating the evidence and considering the rival contentions of the parties, the Trial court, by the impugned judgment, convicted and sentenced the appellant as mentioned previously.

(3.) THE appellant and her counsel state at Bar that they shall deposit 1/3 of the civil liability within one month with the respondent No.2 / BSES Rajdhani Power Ltd. Accordingly, the appellant is directed to deposit 1/3 of the civil liability within one month with the respondent No.2 / BSES Rajdhani Power Ltd.