ZAIN UDDIN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Talukdar, learned counsel for the accused-appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State/respondent.

(2.) This appeal is directed against the judgment and order dtd. 22/12/2010 passed by the learned Special Judge-cum-Additional Sessions Judge (FTC), Karimganj in Special Case No. 02/2008, convicting the appellants/accused Nos. 1 and 2 under Sec. 135(1) (a) of the Electricity Act, 2003 and sentenced them to undergo simple imprisonment for 3 (three) months each with fine of Rs.52,000.00 and Rs.18,000.00 respectively, in default 2 (two) months and 1(one) month simple imprisonment respectively.

(3.) The brief facts of the case is that on 9/4/2008, an inspection was conducted at East Kanishail, Charakuri and Bethail (Umapati) by the Assam State Electricity Board(ASEB) officials and were found that the appellant and three other were utilizing power by unauthorizedly hooking from the L.T. distribution line. Then the electric wires and hooks were seized. On the following day, Sri Niranjan Paul, SDE, Karimganj Electric Division lodged an FIR at Karimganj Police Station against Zain Unddin Choudhury, Abdul Latif and four others who were found utilizing power unauthorizedly. Accordingly, a case was registered vide Karimganj Police Station Case No. 162/2008 under Sec. 39 of Indian Electricity Act read with Sec. 379 IPC. Thereafter, charge-sheet has been submitted against 5(five) accused persons including the appellants. As the offence is exclusively triable by the special court, on appearance of the accused/appellants, charge was framed under Sec. 135(1)(e) of Electricity Act, 2003 and after completion of trial, both the appellants were convicted as aforesaid.