BHAUSAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present appeal is directed against the judgment and order dated 16.8.2007, rendered by the learned Additional Sessions Judge-II and Special Judge, Beed, in Special Case No.25 of 2006, thereby convicting the appellant-original accused for offence under Section 135 of the Electricity Act, 2003, and directing him to suffer rigorous imprisonment for one month and to pay fine of Rs.20,000/-, and in default of payment of fine, to suffer simple imprisonment for fifteen days.

(3.) The factual matrix of the matter is that, the complainant, namely, Kashinath Laxmanrao Jadhav (PW-2) was working as Assistant Vigilance Officer, and was attached with flying squad of M.S.E.D.C.L., Beed i.e. Respondent No.2 herein, and had filed a complaint against the appellant-original accused, in the court of Dist. and Sessions Judge, and Special Judge, Beed, on 28.3.2006, for committing theft of electricity, contending that since he (complainant) was attached to flying squad of M.S.E.D.C.L., it was his duty to detect the theft of electricity and also to detect unauthorised users of electricity and to initiate legal action against them, in accordance with the provisions of the Electricity Act, 2003.