K VENKATA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) The Appellant/accused was convicted of the offences under Sections 39 and 44 of Indian Electricity Act, 1910 (in short, 'the Act') and was sentenced to simple imprisonment for one year and fine of Rs. 10,000/- under Section 39 of the Act and simple imprisonment for three months under Section 44 of the Act by the lower Court in Transco C.C. No. 16 of 2003 by judgment dated 04-11-2004. Questioning the same, the accused filed this appeal.

(2.) The prosecution alleges that on 01-09-2001 at about 5.30 hours when PWs.1 and 2 and their staff inspected slab polishing industry premises of the accused bearing ISC No. 633 at Ramapuram village, Owk Mandal, Kurnool District, they found the accused committing theft of electrical energy by bypassing the meter completely connecting three PVC wires of about 12 meters length from L.T. bushing of the nearby distribution transformer to the load points duly keeping the main switch at the meter board in "off" position. Plea of the accused is one of not guilty. After trial, the lower Court found him guilty of the above offences.

(3.) According to the prosecution, the value of pilfered energy was Rs. 7,45,478/-. As per Ex.P-5 order of the Superintendent Engineer, the value of pilfered energy was ultimately determined as Rs. 1,27,584/-. It is contended by the Appellant's counsel that since the Appellant has paid value of the pilfered energy, the Appellant is not entitled to be prosecuted for the above offences.