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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Munna – Appellant
Versus
State – Respondent
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. In this appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (the Cr.P.C), the sole accused in SC No. 14/17 (Old No.1643/16) on the file of the Additional Sessions Judge, Special Electricity Court, Karkardooma Courts, New Delhi, assails the judgment dated 29.11.2017 as per which the accused has been convicted for the offence punishable under Section 135 of the Electricity Act, 2003 (the Act).
2. The prosecution case is that, on 21.12.2006 at about 05:05 AM, an inspection was conducted by a team of officials of the Complainant Company led by R.P. Aggarwal (PW3) – Assistant Manager at premises No. L-21, Janata Mazdoor Colony, Welcome, Delhi. During the said inspection, the accused was found indulging in direct theft of electricity by illegally and dishonestly abstracting electricity from the BSES YPL LT MP boxes and was further supplying it to 229 dwelling units, from whom the accused was collecting money. The connected load was found to be 552.564 KW/DX/DT for domestic use.
2.1. As it was a case of direct theft of electricity, a theft bill was raised to the tune of Rs. 94,28,504/- against the accused, which was served on him. L
The accused is guilty of electricity theft under Section 135 of the Electricity Act, with the burden of proof on him to rebut the prosecution's established case.
Occupancy and benefit from electricity theft incur liability under Section 135 of the Electricity Act regardless of ownership, shifting the burden of proof to the accused.
The court affirmed the conviction for electricity theft based on credible evidence despite the defendant's claims of procedural impropriety.
The prosecution must adhere to mandatory statutory provisions regarding searches and seizures; failure to do so undermines the validity of electricity theft convictions.
The prosecution failed to establish guilt beyond reasonable doubt due to procedural lapses and lack of substantive evidence.
The prosecution must prove the accused's involvement in an alleged crime beyond a reasonable doubt; failure results in acquittal.
An acquittal under the Electricity Act reinforces the presumption of innocence, requiring credible evidence and caution from appellate courts before altering trial court decisions.
Coherent evidence linking an accused to electricity theft must be established within statutory timelines; failure to prove ownership and timely complaints results in acquittal.
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