JODHPUR VIDYUT VITRAN NIGAM LTD., THROUGH EXECUTIVE ENGINEER (O&M) HANUMANGARH Vs. SOHAN LAL S/O KALU RAM JAT R/O DULMANA POLICE THANA

JUDGEMENT

(1.) This criminal appeal is preferred on behalf of the appellant being aggrieved with the judgment dated 30.03.2016 passed by the Special Judge Electricity Cases, Hanumangarh (hereinafter to be referred as 'the trial court') in criminal case No. 43/2010 (CIA No. 15/14), whereby the trial court has acquitted the accused-respondent Sohanlal from the charges punishable under Section 135 of the Electricity Act.

(2.) The trial court has observed that the prosecution has failed to prove beyond reasonable doubt that the premises, where the Officers of the Electricity Department have detected electricity theft, was in possession and ownership of the accused-respondent. The trial court has further observed that initially the FIR was filed against owner of the premises Sandeep Kumar and in VCR prepared by the Officers of the Electricity Department, the accused-respondent Sohanlal was shown as servant of the owner of the premises Sandeep Kumar. The trial court has also observed that it appears that prosecution has falsely implicated the accused-respondent with the intention to shield real accused persons.

(3.) Learned counsel for the appellant has argued that the prosecution has sufficiently proved that the accused-respondent was involved in electricity theft as he has put his signature on the VCR sheet. It is also contended that as the accused-respondent was in possession of the premises, where the electricity theft was detected. The investigating agency filed charge-sheet against him under Section 135 of the Electricity Act and the trial court has rightly charged him for the said offence.