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ASHOKKUMAR C. JOSHI
State of Gujarat – Appellant
Versus
Shaikh Nafisabanu Iqbalhusen Bachumiya – Respondent
JUDGMENT :
1. Heard learned Additional Public Prosecutor Ms. Jirga Jhaveri for the appellant – State.
2. The State has filed this acquittal appeal challenging the judgment and order dated 30.06.2010 passed by the learned Special Judge (Electricity), Mehsana in Special (GEB) Case No. 20 of 2009 for the offences punishable under Section 135(I)(B) of the Indian Electricity Act.
3. The brief facts of the case are that on 18.10.2008 at about 7.00 hours, complainant - Junior Engineer, Shri R.J.Patel alongwith Junior Engineer Shri M.R. Patel and Lineman P.I. Patel as well as other staff members had carried out inspection at the premises of respondent accused situated at Sath Bazar Navgari, besides Taluka Panchayat, Vijapur, District : Mehsana and during their inspection, respondent was found committing theft of electricity by way of illegal means. Therefore, an average bills of Rs. 27,901.20/- was prepared and issued respondent, which was not paid by him within period of limitation and therefore, complaint was filed against respondent. It is to be noted at this stage that earlier on 13.03.2007, respondent was found committing theft of electricity accordingly checking sheet bearing No. 003886
The presumption of innocence and the principles for appellate courts to review evidence in appeals against acquittal were central to the judgment.
The prosecution must prove the charge against the accused beyond reasonable doubt, and in the absence of conclusive evidence, the presumption of innocence prevails.
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 appellate court's jurisdiction under Section 378 allows reappreciation of evidence, but it cannot overturn an acquittal if two reasonable conclusions are possible.
The presumption of innocence in favor of the accused is reinforced by the trial court's acquittal, and appellate courts should only interfere with an order of acquittal in exceptional cases with comp....
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