(1.) Instant criminal appeal has been filed by the appellant under Sec. 374(2) Cr.P.C. against the judgment dtd. 31/1/2014 passed by learned Special Judge, (Offence relating to Electricity Act), Dungarpur cum Sessions Judge, Dungarpur in Criminal Case No. 1/2013 (hereinafter referred to as Rs..00the Trial Court') whereby, the learned Trial Court convicted the accused appellant for offence under Ss. 136 of Electricity Act and sentenced him to undergo two years' R.I. and a fine of Rs..00 1,000/-, in default of payment of fine, to further undergo three months' S.I.
(2.) Briefly stated the facts of the case are that an FIR for offence under Sec. 379 IPC and Sec. 138 of Electricity Act came to be registered at PS Sadar, District Dungarpur on the basis of a written report submitted by Yogesh Panchal, J.En., AVVNL, Bichhiwada on 6/1/2013. In the FIR, it was alleged that on 4/1/2013, the complainant received an information from the villagers that some unknown persons committed theft of a Single Phase Transformer, situated near Gamadi Deval Panchayat Bhawan, due to which supply of electricity was disturbed.
(3.) During investigation, accused-appellant and other accused persons were arrested. After thorough investigation, the Police filed challan against the accused persons including the appellant.