(1.) The present Appeal is directed against the impugned judgment and order passed in Special Case No. (Electricity) 3 of 2008, by the learned Special Judge (Electricity Case), Gandhinagar, recording acquittal of the Respondent - Original Accused - Jesangbhai Bhikhabhai Rabari (hereinafter referred to as "the Respondent"), who was charged with the offence punishable under Sec. 135(1)(A) of The Indian Electricity Act 2003 (hereinafter referred to as "the Electricity Act").
(2.) The facts of the case briefly as summarized are that on 22/6/2006, the complainant - PW-1 - Shashikant Prabhakar Vaidya, has carried out inspection at the premises of the Respondent, wherein it was found that the Respondent had illegally got the connection from the wire passing through his house, and thereby, he has committed theft of electricity, amounting to Rs.72,313.45 for which Rojkam, supplementary bill of the same amount was prepared and issued to the Respondent, which was not paid by the Respondent within the stipulated time. On the aforesaid count, an FIR being C.R. No. III-678/2006 came to be filed before the G.E.B. Sabarmati Police Station for the alleged theft of electricity under Sec. 135(1)(A) of the Electricity Act.
(3.) Upon such FIR being filed, investigation started and the Investigating Officer PW-7 - Chatraji Meruji Parmar (hereinafter referred to as "the I.O.") has recorded statements of the witnesses and produced number of documentary evidence. 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 Magistrate for the offence under Sec. 135(1)(A) of the Electricity Act on 1/12/2006, which came to be registered as Criminal Case No. 13294 of 2006.
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