ANJELUS MINZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A. K. Sahani, learned counsel appearing for the petitioner and Mr. Shekhar Sinha, learned A.P.P.

(2.) This application is directed against the judgment dated 212004 passed by the learned Additional Judicial Commissioner, F.T.C.-VI, Ranchi in Criminal Appeal No. 84 of 2003 whereby and whereunder the judgment and order of conviction and sentence dated 07.07.2003 passed by the learned Judicial Magistrate, 1st Class, Ranchi in G.R. Case No. 2105 of 2000 by which the petitioner has been convicted for the offences punishable under Sections 39 and 44 of the Indian Electricity Act and sentenced to undergo simple imprisonment for a period of six months and a fine of Rs. 500/- has been affirmed.

(3.) It has been stated by the learned counsel for the petitioner that there are vital contradictions in the evidence of the witnesses examined by the prosecution. Learned counsel also submits that the loss which was allegedly caused to the Board has already been deposited by the petitioner. It has been stated that the petitioner had already undergone one month and eighteen days in custody. Learned counsel submits that in view of the aforesaid facts the benefit of doubt should go to the petitioner.