STATE OF GUJARAT Vs. CHUNILAL PUNJABHAI CHARPOT

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 24.09.2014 rendered by the learned Special Judge and Additional Sessions Judge, Dahod, in Special Case No.07 of 2012. The said case was registered against the present respondentoriginal accused for the offences punishable under Section39 of the Indian Electricity Act.

(2.) ACCORDING to the prosecution case, when complainant Krushnakant Ramjibhai Desaicomplainant was discharging his duty as Deputy Executive Engineer with the office of the Gujarat Electricity Board, Santrampur Sub Division2, he received secret information that since long back, respondentaccusedChunilal Punjabhai Charpot, resident of village Limbadiya, Taluka Fatehpura obtained illegal direct connection from low transmission line and using the same for domestic purpose as well as for the purpose of hand pump and electric motor for agriculture. Thus, the respondentaccused was committing theft of electricity by way of illegal means. Necessary inquiry was made and during inquiry, it was noticed that respondent committed theft of electricity, an average bill of Rs.1,03,691.70 ps. was prepared and issued to respondent, which was not paid by him. Therefore, on 20.10.2000, complaint was lodged before the Fatehpura Police Station, which was registered as CR No.II53 of 2000 for the alleged offence under Section39 of the Indian Electricity Act and investigation machinery was put into motion. Thereafter, the investigation was carried out and statement of the witnesses were recorded and panchnama was drawn. After collecting the sufficient evidence against the respondentaccused, chargesheet was filed against the respondentaccused before the learned Judicial Magistrate First Class, Fatehpura. As the said offences were exclusively triable by the Special Judge, learned Judicial Magistrate First Class, Fatehpura committed the case to the Court of learned Special Judge and Additional Sessions Judge, Dahod, which was thereafter, numbered as Special Case No.07 of 2012.

(3.) ON the basis of above allegations, charge was framed vide Exh.2 and readover and explained to the accused for the offence punishable under Section39 of the Indian Electricity Act. Then, plea was recorded vide Exh.3 and respondentaccused pleaded not guilty to the charge and claimed to be tried.