STATE Vs. VAIYATHRASU

JUDGEMENT

(1.) THIS appeal arises out of the judgment in C.C.No.274 of 1991 on the file of the Judicial Magistrate, Arcot. THIS is against the order of acquittal.

(2.) ACCORDING to the prosecution, on 19.4.1991 at about 5.00 pm when the officials of the Electricity Department had conducted inspection of the service connection No.2457 in Door No.22/A in Yogalingam street, the accused tampered with the meter thereby causing a loss of Rs.86,950/- to the Electricity Department thereby committing an offence under Section 29 of the Indian Electricity Act. The accused has also been charged under section 44(e) of the Indian Electricity Act for causing damage to the MRT seal in the meter by means of artificial fire thereby committing theft of electricity.

(3.) P.W.2 is the then Junior Engineer of Arcot during the relevant period. He has corroborated the evidence of P.W.1. He had visited the place of occurrence at about 10.00 am on 20.4.1991. Ex.P.5 is the statement recorded by him from the accused Vaiyatharasu. He would depose that at the time of inspection of the meter at about 4.00 pm, the accused was not present there.