JUDGMENT :

This appeal is preferred by the accused against his conviction and sentence passed by the trial Court for offences punishable under Section 135(1)(b) and 138 (1)(d) of the Electricity Act, 2003.

2. Accused has been sentenced to pay a fine of Rs.85,000/- (Rupees Eighty Five Thousand only) for the offence punishable under Section 135(1)(b) of Act, in default, to undergo R.I for six months.

3. He is sentenced to pay a fine of Rs.10,000/-for the offence punishable under Section 138(1)(d), in default, to undergo R.I for two months.

4. Heard the learned Amicus Curiae for appellant and the learned High Court Government Pleader for respondent and perused the material on record.

5. It is the case of prosecution that the complainant – PW.1 namely Assistant Engineer CESC, Mysuru, along with his staff and the police inspected the installation bearing No.R.R.RKL.3567 belonging to the accused, installed in his farm house situated in Sy.No.132/2 of Devalapura Village, Varuna Hobli, Mysuru Taluk, on 28.02.2007 at around 4.00 p.m. and found that the accused was dishonestly using electricity by tampering the meter in question in such a way that it was not recording accurately and thus preventi