STATE OF GUJARAT Vs. RAMESHBHAI LAKHABHAI VEKARIYA

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 7/12/2009, passed by the learned Special Judge, Jamnagar, in Special (GEB) Case No.115 of 2006, for the offences punishable under Sec. 135 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 on 28/8/2004, the complainant, along with other staff members, carried out the inspection at the premises of the respondent-accused and found that MMB seal was not present on the meter, and thereby committed theft of electricity; the supplementary bill of Rs.55,982.85 ps., was prepared and issued to the respondent, which was not paid within the stipulated time and therefore, the complaint was filed 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 (GEB) Case No.115 of 2006. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.