STATE OF GUJARAT Vs. KESHRISINH LALSINH ZALA

JUDGEMENT

(1.) Present appeal, filed under Section 377 of the Criminal Procedure Code, 1973 (for brevity, 'the Code) by the State for enhancement of sentence imposed upon respondent - original accused, assails the judgment and order dated 31/12/2011, passed by the learned Special Judge, Kheda @ Nadiad, in Special (GEB) Case No. 25 of 2010, whereby, the respondent original accused came to be convicted for the offence punishable under Section 135(1)(a) of the Electricity Act, 2003 (for brevity, 'the Act') and sentenced to fine of Rs. 22,924/and in default of payment of fine, to undergo simple imprisonment for six months and also sentenced till rising of the Court.

(2.) Brief facts of the prosecution case are that on 30/01/2008 at about 14:00 hours at village: Khalal Kapuriyavad, Taluka: Kathlal, at the house of the appellant accused on a checking made by the officers of the Madhya Gujarat Electricity Company, the appellant was found with an illegal electricity connection from a three phase line passing nearby his house and thereby, he was committing theft of electricity for which, a bill of Rs. 7,641/21 was issued to him and as he had committed an offence punishable under Section 135(1)(a) of the Electricity Act, 2003, a complaint also came to be lodged against the appellant - accused. 2. 1 Pursuant to the complaint, investigation was carried out. After investigation, charge sheet was filed and as the case was triable by a Special Court, it was committed. The trial Court framed charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution produced oral as well as documentary evidence. 2. 2 In order to bring home the charge against the accused, the prosecution has examined following witness and also produced several documentary evidence, as under: ORAL EVIDENCE <FRM>JUDGEMENT_496_LAWS(GJH)6_2016_1.html</FRM> DOCUMENTARY EVIDENCE <FRM>JUDGEMENT_496_LAWS(GJH)6_2016_2.html</FRM> 2. 3 At the end of the trial, Further Statement of the accused under Section 313 of the Code was recorded in which, he pleaded guilty and stated that he has been falsely implicated in the crime. Thus, after recording above referred Further Statement and hearing the arguments on behalf of prosecution and the defence, the learned trial Judge came to the aforesaid conclusion by impugned judgment and order. Being aggrieved and dissatisfied with the quantum of sentence imposed upon the accused by aforesaid judgment and order, the State has filed the present appeal.

(3.) It is pertinent to note at this stage that though notice of admission has been duly served upon the respondent - accused, he has put in no appearance. Accordingly, the Court proceeded with the matter.