SURESH RAMJIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 13th June 2007 passed by the learned Special Judge, Surendranagar in Special Electricity Case No.15/06.

(2.) THE appellant was the original accused charged for offence punishable under section 135 of the Electricity Act, 2003. It was alleged that in a rented premise which he was occupying, upon a surprise check on 27.9.2005 it was revealed that without electricity connection being provided and though the appellant was not a legal consumer of the Gujarat Electricity Board, by connecting wires through low tension wires of the Board, he had been using electricity connection of 240W. in his residence. He had thereby committed theft of electricity amounting to Rs.10,174/ - and thus committed offence punishable under section 135 of the Electricity Act, 2003.

(3.) PW -3, Bharatkumar Shrimali was examined at Ex.19. At the relevant time, he was discharging duty as a Deputy Engineer in Jamnagar Sub -Division. He along with other staff had gone for checking of misuse of electricity. He had raided the house of the accused and found that though no connection was legally given to him, the accused had drawn a line from the wires of the Electricity Company by attaching 15 meter long flexible cable. He was using electrical appliances in the house requiring 240 W. of electricity. The accused was present in the house when the checking was conducted. The checking sheet was prepared by the raiding party. His signature was sought, but he refused to sign the papers. Rozkam was drawn and wire seized. The witness identified the accused before the Court. He denied that the checking sheet and rozkam was prepared in the office and the accused was falsely implicated.