STATE OF GUJARAT Vs. SAMUNBHAI MUSTANSHIR GAJIPURWALA

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal, dtd. 20/2/2010, passed by the learned Special Judge (Electricity) and 3rd Additional Sessions Judge, Panchmahal, Godhra, in Special Case No.6 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 on 21/2/2007, the officers of the Gujarat Electricity Company carried out inspection at the premises of the respondent-accused situated at Bhamaiya having Electricity Consumer No.07603/51008/2 and it was observed that the respondent-accused had tampered with the electric wire connected with the meter and thereby committed theft of electricity for an amount of Rs.15,28,377.44; supplementary bill for the said amount was prepared and issued to the respondent-accused, which was not paid by him within the stipulated time limit. Accordingly, 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 G.E.B.Case No.6 of 2009. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.