PATEL DILIPBHAI SOMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal assails the judgment and order dated 05/01/2011, passed by the learned Special Judge (Electricity), Mahesana in Special Electricity Case No. 9 of 2010, whereby, the appellant herein original accused came to be convicted for the offence under Section 135(1) of the Electricity Act, 2003 and sentenced to undergo rigorous imprisonment (RI) for one year and a fine of Rs.5,500/ and in default of payment of fine, to undergo further SI for three months.

(2.) Brief facts of the prosecution case are that on 19/12/2009 at about 6:30 a.m. while checking conducted by the officials of the electricity company at the residence of the appellant accused, situated at village: Bhavsor, he was found to have been committing theft of electricity by taking direct connection from low pressure LT line by 1/18 black wire in his house and thereby, committed theft of electricity for Rs.1,817/96ps. for which, a complaint came to be lodged.

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