RAJU Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) This revision petition challenges an order of the Additional Sessions Judge, upholding the conviction and sentence, imposed upon the petitoner for commission of offences under Section 39, Indian Electricity Act (hereafter "the Act").

(2.) The case of the prosecution was that on 25.11.1999, as per the instruction of Enforcement department of the Delhi Vidyut Board (DVB) and Executive Engineer, SET II a joint raid was allegedly conducted by the team of DVB officials at three premises including the premises No. B/I/110, Maddi Wali Gali, Vishnu Garden, New Delhi. Direct theft of electricity was alleged from DVB O/H LV mains. On the basis of a joint inspection report and complaint, an FIR was registered at Police Station, Tilak Nagar, Delhi. A charge sheet was filed by the police, alleging that the petitioner and his brother had committed offences under Section 39 of the Act. Thereafter a charge was framed against them, to which they pleaded not guilty and claimed trial. The prosecution had examined seven witnesses, in the course of trial.

(3.) The statement of the petitioner was recorded under Sections 313/281 Cr.P.C where he expressed ignorance of the raid conducted by the DVB or any alleged theft of electricity committed on 25.11.1999. He also alleged his false implication in the case, His statement was also recorded as DW-1; he deposed that he was a carpenter by profession and was working as such for the previous eight years, and was not doing anything else. In his cross examination, he denied the suggestion put by the prosecution that he was carrying on the business of power press at B-1/110, Maddi Wali Gali, Khyala Village, Delhi.