LAXMIBEN HIRABHAI Vs. GEB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31. 08. 2004 passed by the learned Civil Judge (S. D.), Porbandar in Special Civil Suit No. 60 of 2002 whereby, the said suit was allowed.

(2.) THE facts in brief giving rise to the filing of the present appeal are as under;

(3.) HEARD learned counsel for the appellant. From the evidence on record, more particularly, the Rojkam [exhibit 16] prepared by the checking squad of the respondent Board at the scene of offence itself, it transpires that the appellant had committed theft of electricity. The appellant has not produced any evidence on record or had examined any witness/s in support of his case before the trial Court. Moreover, nothing incriminating has come out from the cross-examination of the Officers of the respondent Board who had carried out the raid in question. Hence, I find no reasons to disbelieve the case of the respondent Board.