STATE OF GUJARAT Vs. SAJIDBHAI YAKUBBHAI PITHADIYA

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 05.05.2014 rendered by the learned Special Judge and 4th Additional Sessions Judge, Jamnagar, in Special (G.E.B.) Case No.42 of 2014. The said case was registered against the present respondent -original accused for the offences punishable under Section -135 of the Indian Electricity Act.

(2.) ACCORDING to the prosecution case, on 05.01.2006, during checking of various premises in the area of Maharaja Society, the checking squad headed by Deputy Engineer Shri V.K.Vaishenovi with GEB staff persons carried out surprise inspection of residential premises of the respondent -accused. During the inspection, it was found that the accused, who was having consumer No.32306/04542/9 was having adjoining another meter and having common wires and had tampered with the meter by disturbing earth by using it as neutral wire thereby stopping the movement of meter and hence through there was power consumption, the meter reading was "nil". Thus the respondent -accused had interfered with the meter in such manner that though there was continuous power consumption, the meter reading "nil" and thereby doing theft of electricity. That on detecting theft, immediately local panchnama was undertaken and meter, wires were seized and report was prepared and submitted to the GEB Office. After verifying the record as well as after considering report alongwith the papers, theft case was prima -facie found and therefore, supplementary bill was prepared and approved by the competent officer and was served upon the respondent -accused. However, since the amount of the supplementary bill was not paid by the respondent, the GEB has authorized one Shri Naren Fatehchand Doshi, the Deputy Engineer to lodge criminal complaint before the GEB Police Station, Rajkot. The said written complaint dated 27.02.2006, was submitted before the GEB Police Station, Rajkot and was registered on 03.01.2007 having registration No.II -C.R.No.50 of 2007. Then, considering the complaint, in -charge PSO Shri Prahladrai Govundram Valera registered complaint and ASI Shri P.K. Miyatra had under taken investigation who had recorded statements of witnesses and since enough material was found involving the respondent -accused, charge -sheet was filed against him before the learned 10th Additional Senior Civil Judge and Judicial Magistrate First Class, Jamangar, which was numbered as Criminal Case No.4072 of 2007. As the said offences were exclusively triable by the Special Judge, learned 10th Additional Senior Civil Judge and Judicial Magistrate First Class, Jamangar committed the case to the Court of Special Judge and 4th Additional Sessions Judge, Jamnagar, which was thereafter numbered as Special (G.E.B.) Case No.42 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. Then, plea was recorded vide Exh.4 and respondent -accused pleaded not guilty to the charge and claimed to be tried.