CHARLES LEO Vs. STATE

JUDGEMENT

(1.) (Criminal Revision Case is preferred against the judgment passed in C.A.No.82 of 2003 by the learned Addl. District and Sessions Judge, (FTC), Vellore, dated 23.9.2004, confirming conviction and sentence dated 5.5.2003 imposed upon the accused by the Judicial Magistrate-III, Vellore in C.C.No.165 of 2000.) This Criminal Revision Case has been filed by A.2 in C.C.No: 165/2000 on the file of the Judicial Magistrate, Vellore-III, who was convicted for offences under Section 39(1) and 44(1)(c) of the Indian Electricity Act and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1000/= for each count, which has been confirmed by the Additional District and Sessions Judge, (Fast Track Court), Vellore in C.A.No: 82 of 2003, dated 23.9.2004.

(2.) THE brief facts which lead to the filing of this Revision Case are as follows:-

(3.) THE very presence of artificial means for illegal theft of electrical energy would prima facie establish the modus of abstraction done by the accused. THE trial court has on a detailed discussion and extracting the very admissions portions of the accused came to the conclusion that the offences are proved. THErefore the non seizure of another switch and also the cement plastering need not be a factor to be taken in support of the defence case. THE evidence of P.W.5 Photographer would strengthen the evidence of P.Ws 1 to 4.