STATE OF GUJARAT Vs. JAYENDRASINH MOTISINH ZALA

JUDGEMENT

(1.) STATE has filed Criminal Misc. Application No.12110 of 2011 for condonation of delay of 10 days in preferring Criminal Appeal No.1054 of 2011. Criminal Misc. Application No.12109 of 2011 is filed for leave to appeal. Both the applications as well as main Criminal Appeal are placed on Board.

(2.) LEARNED Assistant Public Prosecutor made available copies of evidence adduced before the Trial Court, and took us through relevant evidence enabling us to take up consideration of appeal at this stage itself. We heard learned Assistant Public Prosecutor in detail.

(3.) AS per the prosecution case arising upon the complaint (Exh.11) by Deputy Engineer, Uttar Gujarat Vij Company Limited (UGVCL), Sub Division Talod, that respondent committed offence of theft of electricity by having unauthorized connection at his residence at village Mahelav, Taluka Talod taken from low tension line of UGVCL passing nearby. The checking squad of the Vij Company on inspection in the house on 16.05.2006 found that even as respondent was not customer of the company, had taken electricity connection for domestic consumption directly from the nearby pole. Calculation report (Exh. 14) and supplementary bill dated 16.05.2006 (Exh. 13) for Rs.16,001.10 towards such electricity consumption came to be issued to the respondent.