MANSUKHGIRI SURESHGIRI BAWAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is preferred u/s.397 read with Section 401 of the Code of Criminal Procedure 1973, challenging the order of IIIrd Joint Judicial Magistrate First Class, Veraval dated 11.7.2005, convicting and sentencing the present petitioner for the period of 6 months of simple imprisonment and imposing fine of Rs.5,000/- and on failure, to suffer further simple imprisonment for 45 days as also order of confirmation of the order of conviction and fine by the learned Additional Sessions Judge, Veraval in Criminal Appeal No.3 of 2002 dated 11.7.2005.

(2.) As can be seen from the record, the present petitioner is alleged to have committed the theft of energy by illegally using wires connected to the low voltage line of the GEB. This theft of energy was detected by the officers of the Gujarat Electricity Board in relation to five shop-keepers and complaint in this regard has been lodged against the present petitioner whose trial resulted into the order of conviction and fine as mentioned hereinabove.

(3.) Being aggrieved by the impugned orders of both the Courts below who have concurrently held the petitioner guilty of theft u/s. 379 of Indian Penal Code as also under Section 39 of the Indian Electricity Act, 1910, the present Revision Application is preferred.