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CHANDRA DHARI SINGH
N. D. P. L – Appellant
Versus
Aman Nasha Mukti Kendra – Respondent
ORDER :
1. The present Criminal Appeal under Section 156 of the Electricity Act, 2003 has been filed against the final order/judgment of acquittal dated 1st August, 2007 passed by Learned Additional Sessions Judge (Electricity, Wazirpur Industrial Area, Delhi) (hereinafter “Learned Trial Court”) in Criminal Case No. 321/2006.
2. The brief facts of the case are that the appellant is a Limited Company duly incorporated under the Companies Act, 1956 having its registered office at - 33 KV Grid Substation Building, Hudson Lines, Kingsway Camp, Delhi-110009 and also having its enforcement assessment Cell, opposite C-2 Block, Keshavpuram, Lawrence Road, Delhi-110035. The appellant company is engaged in the business of distribution of electricity in the North and North-West Delhi.
3. On 18th June, 2005, a joint inspection team of the appellant company had inspected the premises of respondent no. 1/accused. The said inspection was done under the direct supervision of Manager (ENF) NW, in exercise of the powers vested in it under Section 135 of the Electricity Act, 2003 and in accordance with Section 25 of the DERC (Performance Standards-Metering and Billing) Regulations, 2002. The premises of
An acquittal under the Electricity Act reinforces the presumption of innocence, requiring credible evidence and caution from appellate courts before altering trial court decisions.
The prosecution must provide sufficient evidence and independent witnesses to establish guilt in theft of electricity cases; mere allegations are insufficient for conviction.
The appellate court upheld the trial court's acquittal due to insufficient evidence linking the accused to the offense.
In appeal against acquittal, the appellate court should only intervene when there is compelling evidence of error in the trial's findings, reaffirming the presumption of innocence.
The appellate court must uphold an acquittal unless there is clear evidence of illegality or error in the trial court's judgment; it cannot reverse an acquittal merely on the possibility of a differe....
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