STATE OF GUJARAT Vs. RAHESHKUMAR CHHAGANBHAI SATASIYA

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 6.4.2005 rendered by learned Judicial Magistrate, First Class, Dhari in Criminal Case No.181 of 1996.

(2.) The short facts giving rise to the present appeal are that though the respondent accused was not consumer of the GEB, he has run electric motor on 24.1.1996 at around 14.45 hours in his field by laying the electric wire from the field of customer Mohan Gigabhai situated in Survey No.24/1 at Govindpur and accordingly, he has committed theft of electricity worth of Rs.26,979/ - and thereby committed the offence under section 39 of the Indian Electricity Act, 1910.

(3.) In pursuance of the complaint, the respondent accused appeared in the court and he was supplied with the case papers. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.