STATE OF GUJARAT Vs. ISHAKBHAI MITHUBHAI

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 27.11.2014 rendered by the learned Special Judge and 4th (Ad -hoc) Additional Sessions Judge, Jamnagar, in Special (G.E.B.) Case No.116 of 2014. The said case was registered against the present respondentoriginal accused for the offences punishable under Section -135 of the Indian Electricity Act, 2003.

(2.) ACCORDING to the prosecution case, on 03.02.2006, Shri K.H.Shah, Deputy Engineer, Ropar, Kutch, R.E. SubDivision alongwith line staff visited the resident of the accused situated at Jamnagar near Shastri Nagar, water tank and found that there was no electric meter affixed at the resident of the accused and yet by applying service wire directly to the low tension line, electricity was abstracted/drawn and was consumed at the resident of the accused. Thus, the respondent -accused was found to be having committed theft of electricity and hence, supplementary bill of Rs.45,199.22/ -was prepared and sent to respondent -accused as the same was not paid. On 23.12.2007, written complaint was sent to the GEB Police Station, Rajkot, which was registered as II -C.R.No.2420 of 2007. Thereafter, the investigation was carried out by the investigating officer and statement of the witnesses were recorded and respondent -accused was arrested. After collecting the sufficient evidence against the respondentaccused, charge -sheet was filed against the respondentaccused for the offence punishable under Section -135 of the Indian Electricity Act, 2003 before the learned Judicial Magistrate First Class, Jamnagar, which was registered as Criminal Case No.2751 of 2011. As the said offences were exclusively triable by the Sessions Court, learned Judicial Magistrate First Class, Jamnagar committed the case to the Court of learned Special Judge and 4th (Ad -hoc) Additional Sessions Judge, Jamnagar, which was numbered as Special (G.E.B.) Case No.126 of 2014.

(3.) ON the basis of above allegations, charge was framed vide Exh.3 and read -over and explained to the accused for the offence punishable under Section -135 of the Indian Electricity Act, 2003. Then, plea was recorded vide Exh.4 and respondent -accused pleaded not guilty to the charge and claimed to be tried.