STATE OF A P Vs. PORIAKAYALA RANGAIAH

JUDGEMENT

(1.) RESPONDENT herein is the proprietor of m/s, Ramakrishna Slab Polishing Industry, situated at Mettupalli village of Owk Mandal in kurnool District. On 20. 01. 2001 atabout8. 10 a. M. , when the Assistant Divisional Engineer (P. W. 1), DPE-II, Kurnool and the Assistant engineer, DPE-II, inspected the said Industry, they found pilferage of electrical energy by the respondent by tapping the energy from section fuse carriers near the L. T. Pole by means of black and red coloured PVC copper wires of 10 meters of length and connecting the ends with load fuse carrier outgoings duly removing the fuse carrier tops. They estimated the loss sustained due to pilferage of energy at rs. 7,39,485/ -. Later, they prepared inspection notes and seized incriminating material. Thereafter, P. W. 1 lodged a complaintagainst the respondent, which was registered by the inspector of Police (P. W. 12), Vigilance and apts police Station, APCPDCL, Kurnool, as crime No,86 of 2001 and investigated into. After completion of investigation, charge sheet was laid against the respondent, which was taken on file astranscoc. C. No. 31of2003 by the learned I Additional District and Sessions judge-cum-Special Court under Indian electricity Act (A. P. Amendment2000) 1910, kurnool, for the offences punishable under sections 39 and 44 of the Electricity Act, 2003 (for short "the Act" ).

(2.) DURING trial, P. Ws. 1 to 13 were examined and Exs. P2 to P49and M. O. 1 were marked on behalf of the prosecution. On the other hand, d. W. 1 was examined and Ex. D1 and Ex. X1 were marked on behalf of the defence.

(3.) ON an appraisal of both oral and documentary evidence, the trial Court acquitted the respondent of the said offences on the grounds thatthere was no committal order and the Special Court took the charge sheet on file straight away, and that a wrong person was tried. Assailing the said judgment, State preferred this Criminal Appeal.