(1.) The present Appeal is directed against the impugned judgment and order passed in Special Case No. (Electricity) 58 of 2007, by the learned 2nd Additional Sessions Judge and Special Jduge, Bharuch, dtd. 25/8/2009, recording acquittal of the Respondent - Original Accused - Balvantsinh Amarsinh Raj (hereinafter referred to as "the Respondent"), who was charged with the offence punishable under Sec. 135 of The Indian Electricity Act 2003 (hereinafter referred to as "the Electricity Act ").
(2.) The facts of the case briefly as summarized are that the Complainant - Dy. Engineer - Namanbhai Vestabhai Chaudhari of South Gujarat Vij Company Ltd. Sub Division Vagrama has filed a complaint against the Respondent Accused before the GEB Police Station, South Zone, Surat vide CR.No. II-17/2005 for the alleged offence under Sec. 135 of the Electricity Act. According to the Complainant, it is the case of the prosecution that on 22/12/2004, Junior Engineer Shri N.V.Chaudhari, along with other staff members has carried out inspection at the premises of the Respondent Accused situated at village Vegni, Taluka Vagara and during inspection, it was noticed that though the Respondent Accused was not having any regular connection, he has obtained illegal direct connection from low transmission line of GEB and thereby committed theft of electricity. It is further the case of the prosecution that an average bill of Rs.2,19,817.83 p was prepared and issued to the Respondent Accused, which was not paid by him and accordingly, a complaint was filed before GEB Police Station, South Zone, Surat, vide CR No. II-17/2005 for the alleged offence under Sec. 135 of the Indian Electricity Act, 2003.
(3.) Upon such FIR being filed, investigation started and the Investigating Officer has recorded statements of the witnesses and produced number of documentary evidences. After completion of the investigation, charge sheet was filed against the Respondent for the offence in question, since the I.O. found a prima facie case against the Respondent, charge sheet came to be filed before the learned Chief Judicial Magistrate, Bharuch for the offence under Sec. 135 of the Electricity Act.
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