DHOOLCHAND Vs. STATE

JUDGEMENT

(1.) THIS is a revision by Dhoolchand and Narain Das who have been convicted under Section 379, I. P. C. , by the learned. City Magistrate, Tonk, by judgment dated the 16th August, 1952, and sentenced to one month's simple imprisonment and a fine of Rs. 200/- each. On appeal the sentence of imprisonment was remitted.

(2.) THE case for the prosecution is that the accused committed theft of electricity. Learned Counsel for the applicants has raised an objection that under Section 50 of the Indian Electricity Act no prosecution can be launched except at the instance of the Government or an Electric Inspector or of a person aggrieved by the offence. Dishonest abstraction, consumption or use of electrical energy has been made an offence of theft by Section 39 of the Electricity Act. There is no doubt that prosecution for theft of electrical energy cannot be launched except in accordance with Section 50 of the Electricity Act. In the present case what happened was that Ram Bilas, wireman, reported Mr. L. K. Pande, Superintendent, Electrical and Mechanical Department, Tonk, that Dhoolchand was in the act of abstracting electrical energy dishonestly. Mr. Pande did not verify the fact himself but he wrote the following letter to Sub-Inspector, Kotwali;-

(3.) THE revision is, therefore, allowed. The conviction and sentence of the accused, Dhoolchand and Narain Das are set aside. The fine, if paid, shall be refunded to them.