STATE OF GUJARAT Vs. SOMABHAI KALIDAS PATEL

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 11/1/2010 passed by the learned Special Judge (Electricity), Mehsana in Special Electricity Case No.8 of 2009 for the offences punishable under Sec. 135(1)(B) of the Indian Electricity Act, the appellant - State of Gujarat has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").

(2.) The prosecution case as unfolded during the trial before the lower Court is that the complainant was serving as Deputy Engineer of Uttar Gujarat Vij Company Ltd., and during the inspection in his area on 14/5/2008, he found that the respondent-accused was commiting theft of electricity by making two holes in the meterbox; the bill was issued for Rs.2210.00 and also filed the complaint against the respondent-accused.

(3.) After usual investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge-sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Special Court, the learned Magistrate committed the case to the Special Court where it came to be registered as Special Electricity Case No.8 of 2009. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.