VIKRAM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 5 -7 -2005 passed by Ilnd ASJ, Ujjain in S.T. No. 10/2005, whereby the appellant was convicted lor an offence punishable under Section 353 of IPC with fine of Rs. 2,000/ - and under Section 135 of the Electricity Act sentencing him to undergo one year R.I., against which the present appeal has been filed.

(2.) CASE of the prosecution was that on 29 -11 -2004, Junior Engineer of MPEB along with staff went for inspection, at that time, it was found that appellant was stealing the energy for the purpose of irrigation by running the motor of 3 horse -power. It was alleged that Panchnama was prepared and the electricity equipment from which the electricity was stolen were seized. Upon the complaint of the complainant, case was registered against the appellant at Crime No. 327/2004 under Section 135 of Electricity Act, 2003. After framing of charges and also after recording of evidence, appellant was convicted as stated above, against which the present appeal has been filed.

(3.) IT is submitted that Electricity Act of 2003 has been amended vide amendment Act No. 26 of 2007, which has come in force w.e.f. 29 -5 -2007 and the following proviso has been inserted in Section 151 of the Act: