(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 3 rd Additional Sessions Judge, Jamnagar in Special (GEB) Case No.240 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 13/03/2006, Deputy Engineer Shri N. C. Ghelani and Shri D. K. Jethva, Junior Engineer along with Shri A. D. Marwaniya visited the premises of the accused. At the time of raid, it was found that though accused was a legal customer of electricity, he had made an illegal connection by tampering the seal of meter, also making hole in the top of the meter. The supplementary bill was prepared by the officer of the electricity company for the amount of Rs.1,07,758.62 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 05/10/2006, which was registered as CR No.II-947 of 2006 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 8th Additional Chief Judicial Magistrate, Jamnagar.
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