(1.) Judgment and order dated 10.05.2007 rendered in Criminal Appeal No.40 of 2006 by the learned Presiding Officer, 2nd Fast Track Court, Junagadh recording Acquittal for the original accused, after reversing the judgment and order dated 05.08.2006 rendered by the learned Chief Judicial Magistrate, Junagadh, in Criminal Case No.5686 of 1997, recording conviction for the said accused for unauthorized use of electrical connection of the Gujarat State Electricity Board, is sought to be assailed in this Appeal under Section 378 of the Code of Criminal Procedure (for short Cr.P.C.).
(2.) It is unnecessary to delve upon the facts of the case in detail inasmuch as this acquittal Appeal can be decided by addressing one of the issues pertaining to the competence of the Deputy Engineer in lodging the prosecution. One of the contentions which persuaded the Appellate Court to record the acquittal for the said accused was that in absence of the lodgment of the prosecution by the entity contemplated under Section 50 of the Indian Electricity Act, 1910 (for short "the Act"); which was the Act applicable at the relevant point of time i.e. in the year 1997 when the complaint was lodged, the prosecution was not maintainable. The bare perusal of Section 50 of the Act relied upon by the learned counsel for the opponents original accused indicate that the prosecution would be ill-founded in absence of its lodgment by or at the instance of one of the entities specified therein being : (i) Government, (ii) State Electricity Board, (iii) Electrical Inspector, (iv) a person aggrieved by the same.
(3.) The learned APP, however, contended that the complainant i.e. Deputy Engineer of the Electricity Board is the officer superior to the Electrical Inspector and a person not below the rank of Electrical Inspector is competent to file or lodge the prosecution under Section 50 of the Act. This Court is not impressed with the said arguments inasmuch as acceptance of the arguments would amount to re-writing the provision by pre-fixing the words "not below the rank of" to "Electrical Inspector" appearing in Section 50 of the Act. It is settled law that unless the language of the provision is ambiguous, it would be advisable to adhere to its plain meaning.