STATE OF GUJARAT Vs. AASHISH JERAMBHAI FALDU

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 order dtd. 30/11/2009 in Special (G.E.B.) Case No.133 of 2006 passed by the learned Special Judge, Jamnagar (hereinafter referred to as 'the learned 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 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 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 natural justice. The impugned 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 learned Trial Court has failed to appreciate that though there are direct and indirect evidences connecting the respondent with crime in produced in this case, the Trial Court has come to conclusion that the prosecution has failed to prove the case beyond reasonable doubt. The 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 illegally committed theft of electricity. The Trial Court has failed to appreciate 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 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 him. 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.