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DELHI HIGH COURT
SHIV NARAYAN DHINGRA
Sushil Sharma – Appellant
Versus
BSES Rajdhani Power Ltd. – Respondent
JUDGMENT
1. By this appeal the appellant has assailed judgment dated 20th August, 2010 whereby the appellant was convicted under Section 135 of Electricity Act,2003 and order on sentence dated 25th August, 2010 whereby the appellant was sentenced to undergo RI for a period of two years and a fine of Rs.87,03,303/-.
2. On 14th July, 2006 a team of enforcement officials inspected the premises belonging to Shri Sushil Sharma, appellant. The premises was situated in village Baprola, near Khate Wala Sub-Station, Nangloi. An industrial unit was running in the premises. There was no authorized electricity supply in the premises. There was an electric pole of LV main located within the premises and the electric supply to the industrial unit was taken by direct tapping of electricity from the electric pole using heavy duty electric cables. It was found that it was a case of direct theft of electricity by tapping electricity from complainant's LV main line running through the premises of the accused with the help of cable. Since there was no legal connection, no meter was there. The team took photographs showing theft of electricity and drew sketches depicting electricity being stolen f
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