STATE OF GUJARAT Vs. BASIRBHAI SULEMANBHAI SAFIYA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 5/12/2012 passed by the learned Special Judge and 4th Addl. Sessions Judge, Jamnagar in Special (GEB) Case No.52 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.

(2.) The prosecution case is that on 21/11/2006, the present accused, in his possession and owned house with mala fide intention, without permission, has illegally taken direct electric connection in electric motor of 10 horsepower Aata Maker 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.1087 of 2006 for the offences under Sec. 135 of the Indian Electricity Act, 2003.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the respondent accused, charge-sheet came to be filed in the Court of learned JMFC, Jamjodhpur. As jurisdiction to try the offence is exclusively lying with Special Court, the offence was committed to the Special Electricity Court, Jamnagar as provided under Sec. 209 of the Code.