(1.) Though served, none appears for the respondent - original accused. The matter is old, of 2008 and accordingly, the Court proceeded with the matter.
(2.) This appeal is filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 21/1/2008, passed in Special (GEB) Case No. 1 of 2004 by the learned Additional Sessions Judge and Special Judge, Jamnagar, recording the acquittal.
(3.) Facts in brief are that the respondent - original accused was running his business at Village: Nikava, Taluka: Kalavad, District: Jamnagar in the name and style of Bholenath Stone Suppliers and had availed the electricity connection having Consumer No. 32731/00958/6. That, on 29/9/2003, on checking the meter and examining the same in the laboratory, there appeared tampering in the same and thereby, theft of electricity by the respondent - accused and therefore, after getting due sanction, the respondent - accused was given supplementary bill to the tune of Rs.6,24,906.0056. Thus, the accused committed the offence punishable under Sec. 135 of the Indian Electricity Act, 2003 for which, FIR came to be registered against him.