(1.) Present Criminal Appeal is filed by the appellant - State of Gujarat being aggrieved by the judgement and order dtd. 09/12/2015 passed by the learned 5 th (Ad-hoc) Additional Sessions Judge, Jamnagar in Special (Electricity) Case No.301 of 2014 whereby the learned Judge has acquitted the accused / respondent from the offence punishable under sec. 135 OF Indian Electricity Act 2003.
(2.) Brief case of the prosecution is that on 04/02/2012, Deputy Engineer Shri P. A. Jadeja along with line staff members had went on inspection. They have found that the respondent - accused was using illegal electricity connection in his house. They found that there was tampering in the meter and electric cable was by passed to stop meter counting. The raiding officer has has prepared the checking sheet - produced at Exh.17, Panchnama of the place of offence at Exh. 14 and notice as per the Indian Electricity Act at Exh.8. The supplementary bill was prepared by the Deputy Engineer, Darbargadh for the amount of Rs.77, 863.00 and the same was forwarded to the respondent - accused. The supplementary bill remained unpaid and therefore, complaint was filed before GUVNL Police Station, Rajkot on 01/12/2013, which was registered as CR No.II-477 of 2013 for the offence under sec. 135 of Indian Electricity Act, 2003.
(3.) Upon such FIR being filed, investigation started and the Investigating Officer has recorded statements of witnesses and produced documentary evidences. After completion of investigation, charge sheet was filed against the respondent for the offence in question, in the court of learned 3rd Chief Judicial Magistrate, Jamnagar.