JUDGMENT :

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and the order dated 22.09.2009 in Special (Electricity) Case No.12 of 2009 passed by the learned Additional Sessions Judge and Special Judge, Bharuch (hereinafter referred to as ‘the Trial Court’), whereby, the Trial Court has acquitted the respondent from the offence punishable under Sections 135(1) of the Electricity Act, 2003 (hereinafter referred to as ‘the Act’). The respondent is hereinafter referred to as ‘the accused’ as he stood in the original case, for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing of the present appeal are as under:

2.1. On 21.02.2006, the officers of Dakshin Gujarat Vij Company Limited had gone for checking in Sahod village and on checking at the house of the accused Jaswantbhai Thakorbhai Patel in D.P. street, they found that the accused had put two wires of the length of 8 meters in the line overhead and was committing a theft of electricity. The necessary procedure was done and as per the assessment, it was found that the accu