JUDGMENT :

(S.V. PINTO, J.)

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 27.09.2012 in Special Case (Electricity) No.9 of 2009 passed by the learned Special Judge and Additional Sessions Judge, Anand (hereinafter referred to as ‘the learned Trial Court’), whereby, the learned Trial Court has acquitted the respondent from the offence punishable under Sections 135(1)(A) of the Electricity Act, 2003 (hereinafter referred to as ‘the Electricity Act’). 1.1. 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 21.03.2006, Deputy Engineers R.N.Parmar and R.B.Ganava, along with other staff members of MGVCL had gone for checking of electricity connections at village Rinza and had checked the room in the possession of the accused situated near the bus stand and found one welding machine, one bulb, one fan and a thresher were being used. The accused was not a consumer of MG