(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Hardik Raval for the respondent at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 16/6/2012 passed by the learned 4 th Additional Sessions Judge, Sabarkantha - Himmatnagar in the the Special (Electricity) Case No.50 of 2009 for the offences punishable under Ss. 135(1)(A) of the Indian Electricity Act, 2003 (for the brevity "Act 2003").
(3.) The brief facts of the case are that on 14/2/2006, the Deputy Engineer of the U.G.V.C.L, - Shri Manojbhai Zankhibhai Asari had carried out inspection at the premises of the respondent - accused. That, during the inspection, it was observed that respondent - accused had illegally connected with the electricity and by this arrangement he had committed theft of electricity worth Rs.61,175.00, for which supplementary bill of Rs.61,1750.00 was prepared and issued to the respondent -accused, however, the same was not paid by him within stipulated time limit. Accordingly, complaint was filed before U.G.V.C.L (G.E.B.) Police Station, Sabarmati, Ahmedabad for the alleged theft of electricity and after conclusion of the investigation, charge sheet came to be filed before the learned Judicial Magistrate, First Class, Bhiloda but the case was exclusively triable by the Court of Special Judge, and therefore, as per Sec. 209 of the Criminal Procedure Code, the case was committed to the learned Special Judge, and after conclusion of the trial, learned Special Judge was pleased to acquit the accused and hence, the State has preferred this appeal.