STATE OF GUJARAT Vs. ILIYAS MIYAULLAKHAN PATHAN

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) Cr. P.C., against the Judgment and order dated 14.6.2014 rendered by the learned Special Judge, Court No.3, City Sessions Court, Ahmedabad, in Special Electricity Case No.18 of 2011. The said case was registered against the present respondents original accused for the offence under Sections 135(1) (a) of the Electricity Act.

(2.) ACCORDING to the prosecution case, on 3.4.2007 at 11:00 hours Checking Squad of Torrent Power Ltd., has checked electric connections in Wajavala's Chali, Hathi Khai, beside Police Lines, near Petrol Pump, D25 Dispensary, in the compound of clinic, Gomtipur, Ahmedabad. The Raiding Officers have noticed that accused have illegally connected their private wires in overhead electric lines and illegally obtained connections in Mini Section Pillar No.Q/106/001 and were using puncture machines and tailoring machines and consumed electricity worth Rs.2,50,845/and thereby the accused have committed the offences punishable under Sections 135(1)(a) and 150 of the Electricity Act, 2003. The complainant Mohmedaftab Abdulla Topiwala has filed an FIR on 17.8.2005.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused persons were arrested and, ultimately, chargesheet came to be filed against them in the Court of learned Magistrate. As the case was sessions triable the same was committed to the Court of Sessions.