RATHOD DALPATSINH PRUTHVISINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, under section 374 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 29/07/2011, passed by the learned Special Judge, Mahesana, in Special Electricity Case No. 4 of 2010, whereby the appellant herein ­ original accused has been convicted for the offence punishable under Section 135(1)(a) of the Indian Electricity Act, 2003 (for brevity, 'the Act') and sentenced to undergo simple imprisonment for six months and a fine of Rs.3,000/ and in default of payment of fine, to undergo, further simple imprisonment for 15 days.

(2.) Facts in nutshell of the prosecution case are that on 07/08/2009, while checking done at the residence of the appellant herein ­ original accused, situated at Shankhpur, Taluka: Vijapur, he was allegedly found to have been committing theft of electricity, though he was not the registered consumer of the Uttar Gujarat Vij Company (for brevity, 'the electricity company'), from a low pressure line from pole No. M.V.R.R.N.A. 190102115 with a loop of a 1/18 measured wire and thereby, committed the electricity theft of Rs.419/36ps. for which a complaint for the offence punishable under Section 135(1) of the Act was lodged against him.

(3.) Heard Mr. Rajesh K. Shah, the learned advocate for the appellant ­ original accused and Mr. K. L. Pandya, the learned Additional Public Prosecutor for the respondent ­ State.