(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 24/7/2009 passed by the learned Judicial Magistrate, First Class, Manavadar, Junagadh in Criminal Case No. 498 of 2002 for the offences punishable under Sec. 39 of the Indian Electricity Act, 1910.
(3.) The brief facts of the case are that Mr. P.H. Gandhi, Deputy Engineer, Porbandar Circle Office, one the leading officer of the Electricity Company was loitering in search of illegal consumption of electricity with his colleagues on 7/6/2002, at village Vedva, Tal: Manavadar and when they reached in the Bazaar, destination of the accused shop namely Payal Pan Center, and they asked the name of owner, and the accused told his name Natha Bhagabhai, they beheld the theft of electric energy being committed by accused by connecting wire directly with overhead line passing there from and thereby taken energy by unauthorized device. It is alleged that accused consumed electric supply to the extent of Rs.21,560.00 and committed the said offence. After completing all the formalities, on the basis of sufficient evidence on record, the charge sheet was fled. Since, the case at the respective time was not triable by the learned JMFC.
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