STATE OF GUJARAT Vs. BILORSING NAYABSING

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 20.12.2005 rendered by learned Judicial Magistrate, First Class, Nalia, Bhuj in Criminal Case No.116 of 2003.

(2.) It is the case of the prosecution that the respondent accused was charged for the offence punishable under section 39 of the Indian Electricity Act 1910 alleging that the accused has committed theft of electricity from 100 KV transformer by applying wire on pole No.5 and thereby abstracted electricity and committed theft of electricity worth of Rs.1,22,985/-. After inspection, the matter was referred to the police and the police after investigation filed the chargesheet. After filing of the chargesheet, charge at Exh.3 was framed and thereafter, though sufficient opportunity was given to the prosecution for about 2 and 1/2 years, none has remained present except one panch witness to prove the case against the accused. In the result, after closing the stage of evidence, learned trial Court has rendered the judgment taking into consideration the material whatever available before it.

(3.) On going through the evidence on record, it clearly transpires that during pendency of the proceedings before the learned trial Court, the accused has already paid Rs.1,22,985/- to the Gujarat Electricity Board. In order to prove the same, the accused has also produced the receipt thereof before learned trial Court.