STATE OF GUJARAT Vs. ABUBAKAR IBRAHIM SAIYAD

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. 27/10/2015 in Special (G.E.B.) Case No.260 of 2014 passed by the learned Special Judge and 3rd Additional Sessions Judge, Jamnagar (hereinafter referred to as 'the Trial Court'), whereby, the learned Trial Court has acquitted the respondent from the offence punishable under Ss. 135 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 learned Trial Court, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order passed by the learned learned Trial Court is contrary to law, evidence on record and principles of natural justice. The learned learned learned Trial Court has erroneously came to conclusion that the prosecution has failed to establish its case beyond reasonable doubt. The learned learned Trial Court has not properly appreciated the oral as well as documentary evidence on record it its true spirit. The learned learned Trial Court has not properly scrutinized and appreciated the material and evidence on record which suggest that the respondent has committed theft of the electricity illegally. The learned learned Trial Court has wrongly concluded that the complaint has been filed at a belated stage and the prosecution has failed to give plausible explanation with regard to the late filing of the complaint. The learned learned 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 impugned judgment and order of acquittal passed by the learned learned Trial Court is illegal, invalid, improper, perverse and bad in law and the same deserves to be quashed and set aside.