VIKRAM SINGH Vs. M.P.STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 3.3.2003, passed by the Second Additional Sessions Judge,(Fast Track Court),Ashta district Sehore in Spl.Case. No.09/2005 convicting the accused-appellant Vikram Singh S/o Ranjit Singh under Section 135 of the Electricity Act,2003 ( herein after referred to as "the Act") , and sentencing him to suffer rigorous imprisonment one year with fine of Rs.5,000/- in default R.I for 3 months for theft of electricity energy to the tune of Rs.4,774/-.

(2.) LEARNED counsel for the appellant, at the outset, submitted that he does not wish to press the appeal on merits and confine his arguments to the sentence part only. He has challenged only quantum of punishment. He has submitted that appellant has deposited the fine amount of Rs. 5,000/- . The incident is of the year 2005 more than 7 years have passed and appellant has suffered mental and financial loss. He be convicted with fine amount only and jail sentence be set aside.

(3.) ACCORDINGLY, the appeal filed by the appellant is partly allowed. The order of conviction passed against the appellant is maintained. However, the sentence of six months R.I. awarded to the appellant is hereby set aside. The fine of Rs. 5,000/- imposed by the trial Court is hereby enhanced to Rs.10,000/-( Rs. Ten thousand only). It is submitted Cr.A. No. 702/2007 that fine amount of Rs. 5,000/- imposed by trial Court has been deposited. The appellant shall deposit Rs.5,000/-(Rs. Five thousand only) from three months from today with trial Court . In case Rs.5,000/-(Rs. Five thousand only) is deposited by him before the trial Court, Rs.5,000/- shall be given to the complainant/ department/ Executive Engineer Transmission and Maintenance, M.P. State Electricity Board, Ashta by way of compensation. (6) Since the appellant is on bail, his bail bonds and surety stand discharged.