JUDGMENT :

SREENIVAS HARISH KUMAR, J.

1. The accused in EA C.C. No. 59/2010 prosecuted for the offence of Section 135 of the Electricity Act in the Court of I Additional Sessions Judge, Kolar, has preferred this appeal challenging his conviction for the said offence. The Court has sentenced him to pay a fine of Rs. 57,135/- being back billing charges and directed him to undergo simple imprisonment for six months in case of failure to pay the fine amount.

2. The prosecution case is that on 24.08.2009 PW-1 Mallaiah who was working as Section Officer in O&M Section of Bengaluru Electricity Supply Company Limited (hereinafter referred to as ‘BESCOM’ for short), Mulbagal received information from the Vigilance Police attached to BESCOM about illegal tapping of electric power at Shivanarahalli village, Mulbagal Taluk. Immediately he went to that village along with BESCOM vigilance police and a lineman, he found two poultry sheds one on the northern side and the other on the southern side. To the shed situated on the southern side, the accused had taken power supply authorisedly. But to the northern side shed, he had tapped power supply from the up-pole fixed to the shed situated on the sout