KRISHNA GUPTA Vs. STATE

JUDGEMENT

(1.) In this appeal filed under Sec. 374 read with Sec. 482 of the Code of Criminal Procedure, 1973 (the Cr.P.C), the sole accused in SC No. 176/2015 on the file of the Additional Sessions Judge, Special Electricity Court, North-West District, Rohini, Delhi, assails the judgment dtd. 2/4/2016 as per which he has been convicted for the offence punishable under Sec. 135 of the Electricity Act, 2003 (the Act).

(2.) The prosecution case is that, on 29/1/2015 at about 12:10 PM, a joint inspection team of the complainant Company, namely, NDPL/TPDDL comprising of PW3 Senior Manager, PW4 Photographer, PW5 Assistant Officer, inspected the premises of the accused, situated near Samrat Cinema, Shakurpur, near MCD Parking, Delhi and found that the accused was indulging in direct theft of electricity by illegally tapping from the LT network of TPDDL. At the time of inspection, a connected load of 10.200 KW was found being used for commercial purposes, thereby causing wrongful gain to the accused and wrongful loss to the complainant Company, thus committing an offence punishable under aforesaid Sec. .

(3.) Based on Ext. PW2/A Complaint, Crime No.271/2015Saraswati Vihar Police Station, that is, Ext. PW1/A FIR, was registered by PW1, Head Constable (HC). PW8, Investigating Officer conducted investigation into the crime and on completion of the same, the chargesheet/final report was submitted on 11/12/2015 before the trial court, alleging the commission of the offence punishable under the aforementioned Sec. .