ASSISTANT ENGINEER ELECTRICAL SECTION BEACH Vs. KUNHIPATHUMMABI

JUDGEMENT

(1.) This revision is directed against the order of acquittal passed by the Additional Judicial Magistrate of First Class kozhikode in C.C. No. 182 of 1982. The Asset. Engineer (Electrical Section-Beach), Kerala State Electricity Board, Calicut (P.W. 2 in the case) is the revision petitioner. The first respondent was charged under section 379 of the Indian Penal Code and sections 39 and 44 of the Indian Electricity Act. The learned Magistrate after consideration of evidence found that there is no material to prove that the first respondent is in actual possession of the premises and that she has committed the offence. The learned Magistrate also observed that meter was not sent to expert and the prosecution was not in a position to say how the theft of electricity was committed. Another ground mentioned for acquittal is that there was no proof to show that the prosecution was at the instance of the Government or an aggrieved person and in the circumstances the State was incompetent to prosecute the accused. The counsel for the petitioner has challenged the correctness and legality of these findings of the lower court.

(2.) Briefly stated the prosecution case is as follows: The first respondent is the consumer of electricity. She is conducting a flour mill in building bearing door No. 9/261-B of Calicut Corporation. Her consumer registration No. is BN 1967 of 1972. She executed an agreement with the Electricity Board for supply of electrical energy to the above premises and in pursuance of that agreement supply was given. Three meters were installed in her premises. She illegally extracted the energy by tampering with seal in the meters causing heavy loss to the Electricity Board. As per Ext. P. 10 the loss so sustained by the Electricity Board is about Rs. 12178.63. This mischief was detected by the lineman who found that the seals were tampered with and the index of the meter was altered. The matter was reported. The petitioner went and checked the meters and found that they were tampered with. Thereupon the petitioner herein filed a complaint on 25.1.1980 at 6.30 pm. before the Additional Sub-Inspector of Police, Calicut Town Police Station alleging offences under sections 39 and 44 of the Indian Electricity Act and section 379 I.P.C. Pursuant to this case was registered in Crime No. 2/80 against the accused and after completing the investigation final report was laid before the Additional Judicital Magistrate of 1st Class, Kozhikode.

(3.) On the accused pleading not guilty, the prosecution examined P. Ws. 1 to 4 and marked Ext. P. 1 to P. 11 and M.O. 1 series The accused generally denied the incriminating circumstances appearing against her in the prosecution evidence and also stated that she was not running the mill.