STATE OF GUJARAT Vs. MARIYAMBEN ELIYASBHAI LORU

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 29.09.2014 rendered by the learned Special Judge and 5th (Adhoc) Additional Sessions Judge, Jamnagar, in Special (G.E.B.) Case No.102 of 2014. The said case was registered against the present respondentoriginal accused for the offences punishable under Section 135 of the Indian Electricity Act.

(2.) ACCORDING to the prosecution case, on 16.03.2006, Deputy Engineer Shri B.S.Kathgara of Jamnagar, REC, SubDivision, alongwith line staff went to the resident of the accused for checking the electric connection of the house and shop. On checking, it was found that though the accused was not consumer of electricity, he was drawing power by electric wire directly from the poll. Thus, the accused was found to be illegally using the electricity. There was no electric meter and hence there was no question of electric consumption being recorded. Supplementary bill of Rs.73,777.85/ was prepared for theft of electricity. As the said bill was not paid, Deputy Engineer, Shri Sureshbhai Mohanbhai Khirsairya sent a written complaint on 21.04.2006 to GEB, Police Station, Rajkot, which was registered as IIC.R.No.490 of 2007. Thereafter, the investigation was carried and statements of the witnesses were recorded. Panchnama of place of offence was drawn and respondentaccused was arrested. Later on, chargesheet was filed before the learned Judicial Magistrate First Class, Jamnagar, which was numbered as Criminal Case No.4202 of 2011.As the said offences were exclusively triable by the Special Judge, learned Judicial Magistrate First Class, Jamnagar committed the case to the Court of learned Special Judge and 5th (Adhoc) Additional Sessions Judge, Jamnagar, which was thereafter numbered as Special (G.E.B.) Case No.102 of 2014.

(3.) ON the basis of above allegations, charge was framed vide Exh.4 and readover and explained to the accused for the offence punishable under Section135 of the Indian Electricity Act. Then, plea was recorded vide Exh.5 and respondentaccused pleaded not guilty to the charge and claimed to be tried.