STATE OF GUJARAT Vs. BHIKHUBHAI HOTHIJI KER

JUDGEMENT

(1.) Though notice is served to the respondent., respondent has chosen not to appear.

(2.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 6/12/2012 passed by the learned Special Judge and 4th Addl. Sessions Judge, Jamnagar in Special (GEB) Case No.19 of 2010 for the offences under Sec. 135 of the Indian Electricity Act, 2003, the appellant - State of Gujarat has preferred this appeal as provided under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short) inter alia challenging the judgment and order of acquittal in favour of the respondent accused..

(3.) The prosecution case is that on 16/12/2004, the present accused, in his possession and owned house with mala fide intention, without permission, has illegally taken direct electric connection in electric motor by hooking wire with L.T. Line pole and by illegally using the same, caught red handed after committing theft of electricity. Thereafter, the complainant lodged the complaint with regard to the incident before Rajkot GEB Police Station, which was registered as II - C.R. No.819 of 2005 for the offences under Sec. 135 of the Indian Electricity Act, 2003.