MUNNU Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed against the order of confiscation of the property involved in the offence under section 379, I.P.C. read with section 39 of the Electricity Act.

(2.) The petitioner was prosecuted for the offence stated above and was convicted by the trial Court under the judgment dated 30/10/1984. He was sentenced to three months R.I. and a fine of Rs. 500.00. The trial Court also ordered confiscation of the property involved in the commission of the offence, i.e. motor pump, starter, pipe and other articles directing the property to be put to auction and auction money to deposited in Govt. treasury.

(3.) Against the order of the trial Court, an appeal was preferred by the petitioner. The learned appellate Court acquitted the petitioner, giving benefit of doubt on the finding that it could not definitely be said that the petitioner was the author of the crime. As regards the property, the order passed by the trial Court was maintained. Hence this revision.