STATE OF GUJARAT Vs. JASHWANTBHAI THAKORBHAI PATEL

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order dtd. 22/9/2009 in Special (Electricity) Case No.12 of 2009 passed by the learned Additional Sessions Judge and Special Judge, Bharuch (hereinafter referred to as 'the Trial Court'), whereby, the Trial Court has acquitted the respondent from the offence punishable under Ss. 135(1) of the Electricity Act, 2003 (hereinafter referred to as 'the Act'). The respondent is hereinafter referred to as 'the accused' as he stood in the original case, for the sake of convenience, clarity and brevity.

(2.) The relevant facts leading to filing of the present appeal are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and order passed by the Trial Court, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order passed by the Trial Court is contrary to law, evidence on record and principles of justice. That the judgment and order of acquittal passed by the learned Trial Court is based on inferences, not warranted by facts of the case and also on presumptions not permitted by law. The Trial Court has not properly appreciated the oral as well as documentary evidence on record it its true spirit. The prosecution has failed to prove the case beyond reasonable doubt. The Trial Court has erred in acquitting the accused though there are ample and cogent evidence to connect the accused with the crime and the offence registered against them. The Trial Court has also committed an error in arriving at the conclusion that though the complainant and the prosecution witnesses have fully supported the case of the prosecution and there are no material contradictions, the Trial Court has acquitted the accused. The impugned judgment and order of acquittal passed by the Trial Court is illegal, invalid, improper, perverse and bad in law and the same deserves to be quashed and set aside.