(1.) Present Criminal Appeal is filed by the appellant - State of Gujarat being aggrieved by the judgement and order dtd. 24/08/2016 passed by the learned 8th Additional Sessions Judge, Vadodara in Special (Electricity) Case No.34 of 2010 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 18/02/2008, the complainant alongwith the helper and panch-witness went for the inspection near Ashtbhuja Temple. During the inspection, the complainant found that the respondent - accused had applied extended cable in the electricity board line to use electricity in his premises. The complainant had drawn the panchnama and issued supplementary bill of Rs.1,43,312.50. The respondent - accused did not pay the said bill and therefore complaint was filed before the MGVCL Gotri Police Station, Vadodara, which was registered as CR No.II-379 of 2008 for the offence under sec. 135(1) of the 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, Vadodara.
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