STATE OF GUJARAT Vs. CHUNILAL KANJIBHAI GOHEL

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) The appellant State of Gujarat, has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 against the order of acquittal dated 31st March, 2004 in Criminal Case No. 1579 of 1996 whereunder the Court has acquitted the respondent(original accused) hereinabove of the charge of committing offence of theft punishable under Section 39 of the Indian Electricity Act and Section 379 of the Indian Penal Code.

(3.) The fact in brief leading to filing of this appeal deserves to be set out as under:- The officers of Gujarat Electricity Board (as it was known then) on 9.10.1996 at 15:30 hrs had visited the Nanaumvada village in Gondal Taluka for checking and at that time, on the road going from Nanaumvada to Motaumvada on left hand side about 25 feet away in one well, electric motor of 5 horse power capacity was found and the electricity supply for that motor was taken from 300 to 350 meter away GEB Low Tension electric line. The accused was said to have been owner of that field and hence he had been involved in obtaining unauthorized electricity supply without payment. The complaint was lodged and it was registered and after investigation, the police report was filed under Section 173 of the Code of Criminal Procedure,1973 and the Criminal Case was lodged. During the course of trial, the prosecution and complainant side could not establish by any documentary evidence that the field in question in which the electricity was said to have been utilized belonged to the accused respondent hereinabove and on this count, the benefit of doubt was given to the accused respondent hereinabove. The acquittal order was passed vide order dated 31st March, 2004 which is impugned in this appeal under Section 378 of the Code of Criminal Procedure.