(1.) Present Criminal Appeal is filed by the appellant - State of Gujarat being aggrieved by the judgement and order dtd. 16/10/2015 passed by the learned 5 th (Ad-hoc) Additional Sessions Judge, Jamnagar in Special (GEB) Case No.347 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 14/03/2013, Junior Engineer Shri S. R. Varmora along with line staff members had went on inspection. During the inspection, they found that the respondent - accused has obtained illegal electric connection by applying direct service cable to the nearby exectric pole at his residential premises. The raiding officer has prepared the Panchnama of the place of offence at Exh. 10, a checking sheet at Exh. 22 and Rojkam at Exh.20. The supplementary bill was issued by the Deputy Engineer for the amount of Rs.95,388.00 and the same was forwarded to the respondent - accused. The supplementary bill remained unpaid and therefore, complaint was filed before GEB Police Station, Rajkot on 04/04/2013, which was registered as CR No.II-2258 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.
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