STATE OF GUJARAT Vs. RATHOD JAGDISHBHAI KAHUBHAI

JUDGEMENT

(1.) 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. 27/9/2012 in Special Case (Electricity) No.9 of 2009 passed by the learned Special Judge and Additional Sessions Judge, Anand (hereinafter referred to as 'the learned Trial Court'), whereby, the learned Trial Court has acquitted the respondent from the offence punishable under Ss. 135(1)(A) of the Electricity Act, 2003 (hereinafter referred to as 'the Electricity Act').

(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 Trial Court is contrary to law, evidence on record. The learned Trial Court has not properly appreciated the oral as well as documentary evidence on record it its true spirit. The 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 Trial Court has failed to appreciate that the paramount consideration of the Court is to ensure that miscarriage of justice which may arise from acquittal of the guilt is not less than conviction of an innocent and the order of acquittal has resulted in a miscarriage of justice. The learned Trial Court has also committed an error in arriving at the conclusion even though the complainant and the prosecution witnesses have fully supported the case of the prosecution. The learned Trial Court has erred in acquitting the accused though there are ample and cogent evidences to connect the accused with the crime and the offence registered against him. The impugned judgment and order of acquittal passed by the learned Trial Court is illegal, invalid, improper, perverse and bad in law and the same deserves to be quashed and set aside.