MUNNA Vs. STATE

JUDGEMENT

(1.) In this appeal filed under Sec. 374 of the Code of Criminal Procedure, 1973 (the Cr.P.C), the sole accused in SC No. 14/17 (Old No.1643/16) on the file of the Additional Sessions Judge, Special Electricity Court, Karkardooma Courts, New Delhi, assails the judgment dtd. 29/11/2017 as per which the accused has been convicted for the offence punishable under Sec. 135 of the Electricity Act, 2003 (the Act).

(2.) The prosecution case is that, on 21/12/2006 at about 05:05 AM, an inspection was conducted by a team of officials of the Complainant Company led by R.P. Aggarwal (PW3) - Assistant Manager at premises No. L-21, Janata Mazdoor Colony, Welcome, Delhi. During the said inspection, the accused was found indulging in direct theft of electricity by illegally and dishonestly abstracting electricity from the BSES YPL LT MP boxes and was further supplying it to 229 dwelling units, from whom the accused was collecting money. The connected load was found to be 552.564 KW/DX/DT for domestic use.

(3.) Based on Ext. PW1/A Complaint, Crime No.711/2007 Welcome Police Station, that is, Exhibit PW7/B FIR, was registered by PW8, Assistant Sub Inspector (ASI). PW6, Investigating Officer conducted investigation into the crime and on completion of the same, the chargesheet/final report dtd. 14/12/2007 was submitted before the trial court, alleging the commission of the offences punishable under the aforementioned Ss. .