STATE OF GUJARAT Vs. SHAILESHBHAI MAGANBHAI PATEL

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 29.11.2014 rendered by the learned Special Judge, Court No.13, Ahmedabad, in Special (Electricity) Case No.6 of 2008. The said case was registered against the present respondents original accused for the offence under Sections 135(1)(a) of the Indian Electricity Act.

(2.) ACCORDING to the prosecution case, the accused was having a factory for manufacturing of 'Bleaching Powder (Gali)' in the land of his ownership. To run the same electricity is required. A new shed was also under construction. For both these places, accused by use of a cable had drawn electricity by connecting the cable at the place of the field of Vashrambhai Desai to the service cable of electricity company. Thus, the accused was unauthorizedly using electricity. During checking the accused was found to be having use of electricity and thus committed theft of electricity to the tune of Rs.6,70,250/. Complaint was lodged at GEB, Sabarmati Police Station, Ahmedabad and the same was registered as CR No.II480 of 2005.

(3.) ON the basis of above allegations, charge was framed, readover and explained to the accused for the offence punishable under Section 135(1)(a) of the Indian Electricity Act, 2003. The accused pleaded not guilty to the charge and claimed to be tried.