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2015 Supreme(Kar) 272

K.N.PHANEENDRA
Mohammed Gouse Khureshi – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:A. Vijay Kumar, Advocate.
For Respondents/Defendant: Maqbool Ahmed, High Court Government Pleader.

JUDGMENT

K.N. Phaneendra, J.

1. The present appeal is preferred against the judgment of conviction and order of sentence passed by the Special Judge and Additional District and Sessions Judge at Bidar in Spl. C.C. No. (Electricity) 27 of 2010, wherein the Trial Court has convicted the accused-appellant for the offences punishable under Sections 135 and 138(1)(b) of Electricity Act, 2003 read with Section 379 of Indian Penal Code, 1860 and sentenced him to pay fine of Rs. 1,95,720/- in default, to undergo simple imprisonment for a period of six months and the accused was given set of under Section 428 of the Criminal Procedure Code, 1973. I have heard the arguments of the learned Counsel for the appellant and also the learned High Court Government Pleader.

2. Learned Counsel for the appellant has strenuously contended that the Trial Court has erroneously convicted the accused for the above said offences even in the absence of sufficient evidence on record. The Court has not properly appreciated the oral and documentary evidence on record and not given the benefit of reasonable doubts arising out of the evidence of the prosecution witnesses. The Court has also erroneously drawn presumpt



























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