Important Point:
“Large-scale theft of electricity is a very alarming problem faced by all the State Electricity Boards in our country, which is causing loss to the State revenue running in hundreds of crores of rupees every year. In our considered view, after proper adjudication of the cases of all those who are found to be guilty of the offence of committing theft of electricity, apart from the sentence of conviction, the Court should invariable impose heavy fine, making theft of electricity a wholly non-profitable venture. The most effective step to curb this tendency perhaps could be to discontinue the supply of electricity to those consumers temporarily or permanently who have been caught extracting electricity in a clandestine manner on more than one occasion. The legislation may consider incorporating this suggestion as form of punishment by amending Sec.39 of the Electricity Act.1910”

G.B SHAH, J.

As both these appeals arise out of common judgment and order dated 6.5.2016 passed in Special Electricity Case No. 6 of 2010 and Sessions Case No. 94 of 2010 by the learned Special Judge, Electricity, Mehsana, with the consent of learned advocates appearing for the respective parties, they were heard together and are being decided by this common judgment.

2. Criminal Appeal No. 817 of 2016 has been filed by the appellants-original accused against the common judgment and order dated 6.5.2016 passed in Special Electricity Case No. 6 of 2010 whereas Criminal Appeal No. 818 of 2016 has been filed in Sessions Case No. 94 of 2010 by the learned Special Judge-Electricity, Mehsana, whereby each of the original accused was convicted and sentenced to undergo simple imprisonment for one year with fine of Rs. 44,162/-, in default, to undergo further simple imprisonment for three months for the offence punishable under section 135(1) read with section 150 of the Indian Electricity Act, 2003 (hereinafter referred to as “the Act” for short), simple imprisonment for two months with fine of Rs. 250/-, in default, to undergo further simple imprisonment for fifteen days for the offence punishable under section 186 read with section 114 of IPC and simple imprisonment for four months with fine of Rs. 500/-, in default, to undergo further simple imprisonment for one month for the offence punishable under section 135 of B.P Act. All the sentences were ordered to run concurrently. The accused were given set off for the period undergone in jail.

3. Facts in short are that on a surprise check having carried out at the houses of accused Nos. 1 and 2 by the officials of Uttar Gujarat Vij Company Limited (hereinafter referred to as “UGVCL” for short) on 18.8.2009 approximately at 10.15 a.m, they were found to have committed theft of electricity amounting to Rs. 14,720.50, by joining black colour telephone wire with 2W L.T Line passing through their houses. When the said surprise checking was commenced, accused No. 1 alleged to have angrily rushed towards the complainant and the witnesses with a stick in his hand and then picked up the bricks lying there in an attempt to harm them and accused No. 3 climbed up the ladder and pulled off the black coloured 15 mtr long telephone wire illegally attached with the L.T Line. Thus, the accused were alleged to have committed offences punishable under section 135(1) read with section 150 of the Act, section 186 read with section 114 of IPC and section 135 of B.P Act for which, a complaint was filed before G.E.B Police Station by the complainant-Deputy Engineer, UGVCL, Shri. Ramanlal Madhavlal Patel on 21.8.2009 which was registered as II-C.R No. 1237 of 2009 and police started investigation. At the end of investigation, a charge sheet was submitted against the accused in the Court. As the case was sessions triable, the same was committed to the Special Court-Electricity, Mehsana for trial, where it was numbered as Special Electricity Case No. 6 of 2010.

3.1 It may be noted that on 18.9.2009, against the present accused, case of theft of electricity was registered for the offence punishable under section 186 read with section 114 of IPC at Vijapur Police Station being II-C.R No. 118 of 2009 and, as connected case being Special Electricity Case No. 6 of 2010 registered against the present accused was pending before Special Court-Electricity, Mehsana, the said case namely, II-C.R No. 118 of 2009 was also committed to the said Court for trial where it was numbered as Sessions Case No. 94 of 2010. Thereafter, common charge was framed in both the cases which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

3.2 To prove the guilt against the accused, prosecution examined following witnesses: