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2022 Supreme(Guj) 655

ASHOKKUMAR C.JOSHI
STATE OF GUJARAT – Appellant
Versus
PRATAPBHAI PREMJI GOHEL – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JIRGA JHAVERI.
For the Respondent: P.M. DAVE.

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. The present Appeal is directed against the impugned judgment and order passed in Special (Electricity Act) No. 9 of 2012, by the learned Special Judge (GEB) and District and Sessions Judge, Porbandar, dated 22.10.2013, recording acquittal of the Respondent- Original Accused-Pratapbhai Premji Gohel, who was charged with the offence punishable under Sections 135 and 138 of The Indian Electricity Act 2003 (hereinafter referred to as “the Electricity Act”).

2. The facts of the case briefly as summarized are that the Accused viz. Pratapbhai Premjibhai Gohil, was running one ice factory namely Jay Ambe Ice Factory and has obtained commercial electricity connection of Gujarat Electricity Board being Customer No. 85901/00847/8. That on 13.5.2011, while the inspection was carried at the factory of the accused, it was found that, in the electric meter, the accused, with the help of other person, connected external devise and because of that, the meter could not move properly. Thereby, the accused disturbed the reading parameter by connecting external device and has committed theft of electric energy amounting to Rs. 2,37,611.09. Hence, a complaint came to b

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