JUDGMENT :

Ashokkumar C. Joshi, J.

1. The present Appeal is directed against the impugned judgment and order passed in Special Case No. (Electricity) 58 of 2007, by the learned 2nd Additional Sessions Judge and Special Jduge, Bharuch, dated 25.8.2009, recording acquittal of the Respondent- Original Accused-Balvantsinh Amarsinh Raj (hereinafter referred to as “the Respondent”) who was charged with the offence punishable under Section 135 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 Complainant-Dy. Engineer - Namanbhai Vestabhai Chaudhari of South Gujarat Vij Company Ltd. Sub Division Vagrama has filed a complaint against the Respondent Accused before the GEB Police Station, South Zone, Surat vide C.R. No. II-17/2005 for the alleged offence under Section 135 of the Electricity Act. According to the Complainant, it is the case of the prosecution that on 22.12.2004, Junior Engineer Shri N.V. Chaudhari, along with other staff members has carried out inspection at the premises of the Respondent Accused situated at village Vegni, Taluka Vagara and during inspection, it was noticed that though the Respondent Accused was not having any regular connection, he has obtained illegal direct connection from low transmission line of GEB and thereby committed theft of electricity. It is further the case of the prosecution that an average bill of Rs. 2,19,817.83 p was prepared and issued to the Respondent Accused, which was not paid by him and accordingly, a complaint was filed before GEB Police Station, South Zone, Surat, vide C.R. No. II-17/2005 for the alleged offence under Section 135 of the Indian Electricity Act, 2003.

3. Upon such FIR being filed, investigation started and the Investigating Officer has recorded statements of the witnesses and produced number of documentary evidences. After completion of the investigation, charge sheet was filed against the Respondent for the offence in question, since the I.O. found a prima facie case against the Respondent, charge sheet came to be filed before the learned Chief Judicial Magistrate, Bharuch for the offence under Section 135 of the Electricity Act.

4. As the case was exclusively triable by the Court of learned Special Judge, the learned Magistrate was pleased to commit the case to the Court of learned Additional Sessions Judge and Special Judge, Bharuch, which was numbered as Special (Electricity) Case No. 58 of 2007.

5. On committal, the case was transferred and placed for trial before the learned Special Judge (Electricity), Bharuch, who had initially framed charge against the Respondent for the alleged offence. The charge was read over to the Respondent and the plea of the Respondent came to be recorded, wherein the Respondent pleaded not guilty to the charge and claimed to be tried.

6. In order to bring home the charge leveled against the Respondent, the prosecution has examined as many as 9 witnesses and relied upon their oral testimonies. The prosecution has also produced number of documentary evidences.

7. Thereafter the Court below explained to the Respondent the circumstances appearing against him in the evidence of the prosecution witnesses and recorded his further statement under Section 313 of the Criminal Procedure Code. In his further statement, the Respondent denied the case of the prosecution in entirety and submitted that he has been roped in a false case.

8. At the end of the trial, on appreciation, evaluation, analysis and scrutiny of the evidence on record, the learned Special Judge (Electricity), Bharuch, vide judgment and order dated 25.8.2009 was pleased to acquit the Respondent for the offence under Section 135 of the Electricity Act holding inter-alia that the prosecution has failed to prove the charge against the Respondent beyond reasonable doubt.

9. Being aggrieved and dissatisfied by the judgment and order dated 25.8.2009 passed by the learned Special Judge (Electricity