STATE OF GUJARAT Vs. MANSUKHBHAI VIRJIBHAI VEKARIYA

JUDGEMENT

(1.) Present appeal is filed by the appellant - State of Gujarat under Sec. 378 (1)(3)of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") against the judgment and order of acquittal dtd. 30/3/2009 passed by the learned Additional Sessions Judge, Special Court, Rajkot (hereinafter referred to as "the trial Court") in Sessions (G.E.B.) Case No.6 of 2004, whereby, the trial Court has acquitted the original accused - respondents herein for the offence punishable under Ss. 135 (B) and 150 of the Indian Electricity Act, 2003 ("the Act" for short).

(2.) It is the case of the complainant that accused No. 1 possessed one factory and for which he made an application before for G.E.B. LTP III connection. After getting sanction from G.E.B., he bought LTP III meter himself and by tempering meter to run it slow, committed a mischief and by helping to do so, accused no.2 has also committed an offence punishable under Ss. 135 (B) and 150 of the Act. Therefore, complaint came to be filed against respondent Nos. 1 and 2.

(3.) Heard Ms. Megha Chitalia, learned APP for the appellant State of Gujarat. Though served respondents have chosen not to appear before this Court and therefore, the order is passed in absence of the respondents.