JUDGMENT :

ANANYA BANDYOPADHYAY, J.:

1. This appeal is directed against the judgment and order dated 26.10.2005 passed by Learned Additional Sessions Judge, 2nd Court Purulia, in Electric G. R. Case No. 118 of 2004 convicting the appellant under Section 135(1)(a) of the Indian Electricity Act, sentencing the appellant i.e. Sk. Miktar to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1000/- in default to suffer simple imprisonment for one month.

2. The Assistant Engineer, (O&M), Jhalda sub-division, West Bengal State Electricity Board (W.B.S.E.B) lodged a complaint being empowered by the Electricity Act of 2003 inter alia stating that the appellant committed theft of electricity under Section 135 of the Electricity Act 2003 read with Section 379 of the Indian Penal Code on 19.11.2004. The de-facto complainant along with (i) Sri Niranjan Mahato (ii) Smt. Moupali Mukhopadhya (iii) Sukhendu Bikas Maity entered the premises of the appellant and detected the theft of electricity as enumerated in the provision under Section 135(1)(a) of the Indian Electricity Act 2003 along with Section 379 of the Indian Penal Code.

3. Based on the aforesaid complaint Jhalda Police Stati