(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State at length.
(2.) Being aggrieved and dissatisfied by the judgment and order passed by the learned Special Judge (Electricity Case), Gandhinagar in Special (Electricity) rd Case No.10 of 2007 dtd. 3/7/2007 awarding acquittal of accused, the State has preferred the Appeal under Sec. 378(1) of the Code of Criminal Procedure, 1973.
(3.) The case of prosecution in brief and in a nutshell th is that; on 4/11/2003 at Nabhoi Village, the opponent-accused was committing theft of electricity at Rajdhani Hotel. A surprise checking was made by the Officer of the Gujarat Electricity Board. It was found that private wire was joined with the low tension line. That, thereafter a panchnama was made after investigation & the charge-sheet was filed. The case of opponent-accused was of total denial.