STATE OF GUJARAT Vs. BHEMJI RANCHODJI PATALA THAKOR

JUDGEMENT

(1.) State being aggrieved by an order of acquittal recorded by Judicial Magistrate, First Class, Modasa on 9-10-1990 in Criminal Case No. 2 of 1987 whereby the accused was tried for offences punishable under Sec. 379 of the Indian Penal Code and Sec. 39 of the Electricity Act. has preferred this appeal. xxx xxx xxx

(2.) Mr. Patel, learned Additional Public Prosecutor appearing for the State has submitted that the trial Court has acquitted the accused on the ground that evidence of the officers of the Board is not supported by independent witnesses. He submitted that merely because Panchas have not supported the version of the prosecution, evidence of independent officers ought not to have been rejected by the trial Court. He further submitted that the trial Court has erred in rejecting the evidence on the ground that they have not made inquiries as to what was the survey number wherein the electrical installation was installed.

(3.) As against the aforesaid submissions of learned A.P.P., Mr. Mehta, learned Advocate for the accused submitted that the trial Court has appreciated the evidence, and on appreciation, has passed an order of acquittal. Therefore, this Court should not interfere with the order of acquittal. He further submitted that there is no sufficient evidence to show that the accused committed the crime; that there was no evidence to indicate that the supply was installed in the field of the respondent- accused; that panchas have not supported the prosecution version; that in the absence of corroboration from independent source, the trial Court has rightly acquitted the accused by giving benefit of doubt.