MOHD SALAUDDIN Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by the order on conviction dated 12.08.2004 and the order on sentence dated 26.08.2004 passed by the learned Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for two years and fine of Rs.5000/ - under Section 39 of the Indian Electricity Act, in default of payment of fine to further undergo simple imprisonment for one month and upholding the same by the learned Additional Sessions Judge vide judgment dated 16.12.2006, the present revision petition has been filed by the petitioner. However, the learned Additional Sessions Judge modified the sentence by releasing the petitioner on probation for a period of three years on furnishing the personal bond in the sum of Rs.20,000/ - with an undertaking of good behaviour. The petitioner was ordered to pay a sum of Rs.4,00,000/ - as compensation.

(2.) FACTUAL matrix, as emerges from the record, is that on 25.03.2000, a raid was conducted at premises No.7231, Gali Gadhaiya, Kasabpura, Delhi. During the raid, a direct theft of electricity was detected by bye -passing the electricity meter. Three electricity meters were found installed at the premises. A factory was being run from the said premises. Two meters were burned and the third one was lying disconnected due to non -payment. Electricity theft was committed by connecting illegal cable directly from electricity pole. A complaint dated 30.03.2000 was made by Sh. Vikram Saini, Assistant Engineer, on the basis of which FIR No.120/2000 under Section 39/44 of the Indian Electricity Act and under Section 379 IPC was recorded. On completion of investigation, chargesheet was filed.

(3.) CHARGE under Section 39 of the Indian Electricity Act was framed against the petitioner. The petitioner pleaded not guilty to the charge framed.