(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Dhaval Kansara with learned advocate Mr. Premal Rachh for the respondent at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 13/5/2014 passed by the learned Special Judge and 2nd Additional Sessions Judge, Jamnagar in the the Special (GEB) Case No.88 of 2014 for the offences punishable under Ss. 135 of the Indian Electricity Act, 2003 (for the brevity "Act 2003").
(3.) The brief facts of the case are that on 4/3/2013, the complainant had carried out inspection at the premises of the accused - respondent situated at Dharanagar -1. That, during the inspection, it was came into knowledge that the present accused has tempered with the electric meter and seal and thereby committed theft of electricity worth Rs.86,174.37. That, therefore, the meter wire was sealed and seized for the purpose of inspection and complaint was lodged before the Police Inspector, GEB Police Station, Rajkot for the alleged theft of electricity under Sec. 135 of the Indian Electricity Act, 2003. That, on the basis of the aforesaid complaint, Police recorded statement of witness and drawn necessary panchnama as there was sufficient evidence against the accused. That, the charge sheet was filed before the court of learned Judicial Magistrate, First Class, Jamnagar. That, the offence is triable by the learned Special Judge, therefore, the case was committed to the Court of learned Special Judge and 2 nd Additional Sessions Judge, Jamnagar and the learned Special Judge acquitted the accused and therefore, the State has preferred this appeal.