STATE OF MAHARASHTRA Vs. HEPTULLAL TAYABALLI DHORJIWALLA

JUDGEMENT

(1.) THE present appeal is filed by the State of Maharashtra seeking to impugn the judgment and order dated 13th June, 1984 passed by the learned Addl. Chief Metropolitan Magistrate, 5th Court, Dadar, Bombay, in Criminal Case No. 203/p/1984.

(2.) BY the impugned order the learned Magistrate was pleased to acquit the respondent who was original accused No. 1 and his son Husefa, who was accused No. 2 for an offence under section 25 of the Indian Telegraph Act, 1885 read with section 34 of the Indian Penal Code.

(3.) BOTH the accused were charged under the aforesaid sections for having between 4th October, 1982 and 7th January, 1983 tampered with the telephone connection of P. W. 2, Rajabali Yusufali Rajkotwalla and P. W. 4, Usuf Ismail Jarwala and connected their telephone to the telephone of the accused and committed theft of telephone calls which resulted in inflated bills being received by the aforesaid witnesses totalling to about Rs. 13,250/ -.