STATE OF GUJARAT Vs. KARMANBHAI SURTANBHAI DESAI

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by learned Judicial Magistrate, First Class, Harij in Criminal Case No.308 of 1992 dated 22.3.1996 whereby the respondent was acquitted of the offence alleged under Sections 379 and 39 of the Electricity Act against him.

(2.) The prosecution case, in nutshell, was that on 14.5.1992 at about 2.30, the Dy.Engineer along with his team visited the residential premises of the respondent and at that time it was found that the wire was taken from the main line of the electricity and electricity supply was taken to his residential premises without authorization. Accordingly a complaint came to be filed.

(3.) The trial Court, after examining the evidence on record, has acquitted the accused on the ground that the prosecution has failed to prove the ownership or possession of the respondent of the premises and has also failed to examine independent witnesses. Over and above, the trial Court has also given the benefit of doubt to the accused in view of contradiction between two witnesses being Rajendra Kumar Gangaram Exh.16 and Jentibhai Bhavsangbhai Thakore Exh.17.