(1.) Present Criminal Appeal is filed by the appellant - State of Gujarat being aggrieved by the judgement and order dtd. 14/09/2015 passed by the learned 5 th (Ad-hoc) Additional Sessions Judge, Jamnagar in Special (GEB) Case No.93 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 23/6/2004, Deputy Engineer Shri H.D. Vyas and Deputy Engineer Shri H.T. Jadeja along with Line Staff had visited the shop of Mahamadhusen Suleman Gajiya namely Edward Washing Company, who is a customer of Electricity Company bearing Customer No.32102/06510/3. As such, by using white colour wire from another customer No.32102/06519/7 by illegal connection, connecting load bypassing the meter, made a theft of electricity of Rs.96,287.40 paise. Therefore, complaint was filed before GEB Police Station, Rajkot vide CR No.II-916 of 2015 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 Judicial Magistrate, First Class, Jamnagar.
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