STATE Vs. NARAIN SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated June 7, 1978 passed by the Judicial Magistrate, First Class, Sardarshahar, acquitting the accused respondent for the offence under Sec. 379 of the Indian Penal Code and Sec. 39 of the Indian Electricity Act, 1910, (hereinafter referred to as the 'Act').

(2.) The prosecution case in brief was that on July 10, 1976, a raid was arranged by Shri Bhanwar Lal Sharma, the Assistant Engineer, R.S.E.B.. Sardar Shahar. on the premises of Shri Kiran Singh Narain Singh of Sardar Shahar where a flour mill was installed. As a result of the inspection made by of the power-meter, it was found that the meter had been tempered with. After investigation, a challan was filed in the Court of Judicial Magistrate, Sardar Shahar where the accused were charged for the offence under Sec. 379, I.P.C. and Sec. 39 of the Act.

(3.) After trial the learned Magistrate acquitted the accused of the charges levelled against him. The Learned Magistrate held that the accused himself was an employee of the Corporation and at the time of checking he was on duty, and, that the inspection was held in his absence. The Learned Magistrate further held that the prosecution had failed to prove that the power connection was in the name of the accused and even if it be so held, the prosecution had failed to prove that the meter in question was in any way tempered with, and, that the electricity was stolen by the accused. The accused was acquitted by giving the benefit of doubt as there was found to be no evidence against him.