SADIK ALIAS TINU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant appeal is preferred against order dated 25th August, 2020, passed in Special Sessions Trial No. 10 of 2020, State vs. Sadik alias Tinu, by the Court of District and Sessions Judge, Haridwar ('The case'). By this order, the appellant has been convicted under Section 136 of the Electricity Act, 2003, and sentenced to 9 months 12 days imprisonment and a fine of Rs. 2000/. The order also stipulates that in default of payment of fine, the appellant shall undergo rigorous imprisonment for a further period of one month.

(2.) The case is based on a charge-sheet, which relates to theft of electric line, material etc. According to the case, the appellant removed electric line and material from a transformer. The appellant pleaded guilty. Based on his plead guilty, he has been sentenced as aforesaid apart from civil liability, which was fixed at Rs. 62,000/- .The appeal is received from jail.

(3.) Learned Amicus Curiae would submit that the appellant did not get effective legal assistance at trial. He has undergone the substantive sentence, but he is too poor to pay even Rs. 2000/- as fine. Based on one recovery, he was implicated in 19 cases, in which, he pleaded guilty and now if the fine is not reduced, the appellant will have to remain in jail for a longer period only because of his inability to pay a fine.