N.V. Anjaria, J.—State has filed Criminal Misc. Application No. 12110 of 2011 for condonation of delay of 10 days in preferring Criminal Appeal No. 1054 of 2011. Criminal Misc. S Application No. 12109 of 2011 is filed for leave to appeal. Both the applications as well as main Criminal Appeal are placed on Board.

1.1. The Criminal Appeal is directed against judgment and order dated 29.04.2011 by the Special Judge & Additional Sessions Judge, Himmatnagar, Sabarkantha, in Special (Electricity) Case No. 6 of 2008, whereby respondent-accused is acquitted of charge of offence under Section 135(1)(a) of the Electricity Act, 2003, (hereinafter referred to as ‘the Act’ for sake of brevity).

2. Learned Assistant Public Prosecutor made available copies of evidence adduced before the trial Court, and took us through relevant evidence enabling us to take up consideration of appeal at this stage itself. We heard learned Assistant Public Prosecutor in detail.

3. As per the prosecution case arising upon the complaint (Exh.11) by Deputy Engineer, Uttar Gujarat Vij Company Limited (UGVCL), Sub Division Talod, that respondent committed offence of theft of electricity by having unauthorized conn