ASSISTANT ENGINEER ELECTRICAL Vs. RAMANKUTTY PANACHICAL NARAYANAN

JUDGEMENT

(1.) This is an appeal against acquittal. The respondent accused was convicted by the First Class Magistrate, Cranganore under S.379, I. P. C. read with S.39 as also under S.44(c) of the Indian Electricity Act. He was sentenced to two months rigorous imprisonment under the first count and for the second to pay a fine of Rs. 200 in default of payment of which he was to undergo simple imprisonment for one month. On appeal the Sessions Judge, Trichur acquitted him of all charges.

(2.) The case against him was that he, the owner of a coir factory where electricity was used in the process of manufacturing coir products committed theft of electric energy by tampering with the electric meter installed in his factory. The modus operandi is ingenious. A tiny hole was drilled on the underside of the meter so that a thin sliver of wood could be pushed in which stops the movement of the rotating disc controlling the recording of consumption, of energy. On 4-3-1964 two of the accused's workmen pws. 4 and 5 informed the local Electrical Engineer pw. 2 about the accused's nefarious activities. pw. 2 went to the factory and inspected the meter along with PW. 3. He found that the meter was tampered with. He complained to the local Sub Inspector who registered the case but later referred it as a mistake of fact. Then a complaint was filed by the Assistant Engineer (Electrical), Irinjalakuda before the First Class Magistrate who after trial convicted the accused as noted earlier. The accused's appeal was allowed by the learned Sessions Judge of Trichur mainly on the ground that the presumptions under S.39 and 44 of the Electricity Act are not available in this case as there is no proof that the meter when installed at the accused's premises, was intact.

(3.) The relevant portion of S.44 of the Electricity Act is as follows: