STATE OF GUJARAT Vs. SHABIR HUSEN KHOL

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 Cr. P.C., against the Judgment and order dated 29.9.2014 rendered by the learned Special Judge and 5th (Adhoc) Additional Sessions Judge, Jamnagar, Special (GEB) Case No.117 of 2014. The said case was registered against the present respondent original accused for the offence under Section 135 of the Indian Electricity Act.

(2.) ACCORDING to the prosecution case, on 15.2.2007, Dy. Engineer alongwith checking squad, checked electric connection of the accused and it was found that the accused has intercepted the service wire which was extended from electric poll and directly attached the same to the load by passing the meter and thereby causing on record electricity consumption in the meter. Thus the accused was found to be doing theft of electricity and hence supplementary bill of Rs.53,46462 ps. was issued. As the same was not paid, complaint was lodged on 22.11.2007, and the same was registered as CR No.II2412 of 2007 at GEB Police Station, Rajkot.

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