RANCHHODBHAI JIVABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Criminal Revision Application has been filed by the applicant-original accused under Section 397 read with Sec.401 of the Code of Criminal Procedure seeking to quash and set aside judgment and order dated 20-7-2005 passed in Criminal Appeal No.15 of 2004 by the learned Addl. District and Sessions Judge, Fast Track Court No.2, Gandhinagar, whereby judgment and order of conviction and sentence dated 25-2-2004 passed in Criminal Case No.859 of 1992 by the learned Fourth Joint Judicial Magistrate, Gandhinagar, was confirmed.

(2.) THE facts in short are that a complaint was filed by the respondent No.2-Deputy Engineer of Gujarat Electricity Board before Chhala Police Station against the applicant-accused alleging that the applicant reconnected the electricity which was disconnected by the complainant on 29-1-1992 thereby committing theft of electricity. Offence was registered under Sec.397 of IPC and under Sec.39 of Indian Electricity Act, 1910. Charge sheet in the case was filed and case was numbered as Criminal Case No.859 of 1992. At the end of trial, the applicant-accused was convicted and sentenced for the offence punishable under Sec.39 of the Indian Electricity Act to suffer SI for two years and penalty of Rs.2000/-, in failure to pay the same, to undergo further SI for six months by the learned Fourth Joint Judicial Magistrate, Gandhinagar. THE appeal being Criminal Appeal No.15 of 2004 preferred before the Addl. Sessions Judge, Gandhinagar against the same was dismissed by the learned Addl. District and Sessions Judge, Fast Track Court No.2, Gandhinagar, vide judgment and order dated 20-7-2005. Both these judgments and orders are under challenge in this revision.

(3.) LEARNED APP, Mr.Desai for the respondent No.1-State and Mr.Majmudar for the respondent No.2 have submitted that appropriate order be passed.