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ASHOKKUMAR C. JOSHI
State Of Gujarat – Appellant
Versus
Chandubhai Jivabhai @ Jivrambhai Limbachiya – Respondent
JUDGMENT :
1. The present Appeal is directed against the impugned judgment and order passed in Special Case No. (Electricity) 11 of 2009 dated 25.11.2011, by the learned Special Judge (GEB), Bhuj- Kachchh, recording acquittal of the Respondent – Original Accused – Chandubhai Jivabhai @ Jivrambhai Limbachiya (hereinafter referred to as “the Respondent”), who was charged with the offence punishable under Section 135 (A) 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 – Jaswantrao Ramarao Jampala, GEB Bhuj City Sub Division lodged a complaint against the Respondent accused before GEB Police Station, Rajkot, vide CR No. II-2394/2007 for the alleged offences under Section 135(1)(A) of Indian Electricity Act, 2003. According to the complainant, it is the case of the prosecution that on 3.10.2007, checking was carried out at the premises of Respondent accused situated in the basement of Sulay Apartment, Jubilee Ground, Mandvi Road i.e. Opera Hair Parlour, having Customer No. 38910/03254/5 and during their inspection, respondent was found committing theft of electrici
The prosecution must prove the charge against the accused beyond reasonable doubt, and in the absence of conclusive evidence, the presumption of innocence prevails.
The presumption of innocence and the principles for appellate courts to review evidence in appeals against acquittal were central to the judgment.
Where the trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of evidence which is but barely possible, it is obvious duty o....
The main legal point established in the judgment is that in cases of acquittal, the appellate court should be slow to interfere with the trial court's findings, especially when two views are possible....
The appellate court's jurisdiction under Section 378 allows reappreciation of evidence, but it cannot overturn an acquittal if two reasonable conclusions are possible.
The prosecution must provide sufficient evidence and independent witnesses to establish guilt in theft of electricity cases; mere allegations are insufficient for conviction.
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