LAWS(GJH)-2023-1-16

STATE OF GUJARAT Vs. JAYANTIBHAI JIVANBHAI GOHIL

Decided On January 11, 2023
STATE OF GUJARAT Appellant
V/S
Jayantibhai Jivanbhai Gohil Respondents

JUDGEMENT

(1.) Present Criminal Appeal is filed by the appellant - State of Gujarat being aggrieved by the judgement and order dtd. 07/01/2016 passed by the learned 4th Additional Sessions Judge, Khambhaliya, Dist; Jamnagar in Special (GEB) Case No.41 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 17/07/2012, the complainant namely Keyurbhai Madhubhai Kishori, Deputy Engineer, PGVCL went for the routine inspection. He found that in the village Bhadthar, the respondent - accused has tempered with the electricity meter by applying the direct cable to bypass the meter reading. The supplementary bill was issued by the complainant - Deputy Engineer for the amount of Rs.1,18,207.13. The supplementary bill remained unpaid and therefore, complaint was filed before GUVNL Police Station, Rajkot, which was registered as CR No.II-113 of 2013 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.