PAWAN VISHWAKARMA Vs. MP STATE MADHYA KSHETRA VIDYUT

JUDGEMENT

(1.) 09/05/2012 This appeal has been preferred against the judgment dated 20/11/2009 passed by Special Judge (Electricity Act), Bhopal in Special Case No. 231/2008 convicting the appellant under section 135(1)A of Electricity Act, 2003 (in short "Act of 2003") and sentenced him to 1 year R.I and appellant has also been directed to deposit Rs.15,100/- as civil liability assessed under section 154(5) of Act of 2003.

(2.) FACTS of the case in short are that on 29/11/2007 at about 2.00 PM, appellant was found clamping wire directly with the pole to his medical shop and was found consuming electricity to run Fridge and 4 Tube Lights. S.C. Khare, Assistant Engineer, (PW-2) and Mohd. Sayeed, Helper (PW-3) reached on the spot and prepared spot map and prepared seizure memo of wire. Tentative Bill Ex.P-5 was also prepared for alleged theft of electricity and after completing the proceedings challan was filed in Special court against the appellant.

(3.) CHALLENGING the impugned judgment, this appeal has been preferred on the grounds that appreciation of evidence is not proper. Complainant failed to produce any evidence to show the appellant was owner of the shop. Conviction is based on insufficient and doubtful evidence. Conviction is bad in law and sentence is harsh. On the other hand, learned Advocate for complainant supported the findings of conviction and sentence both and further submitted that appellant is a habitual of committing theft of electricity.