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 impugned judgment and the order passed by the learned Special Judge, Jamnagar (hereinafter referred to as ‘the Trial Court’) in Special (G.E.B.) Case No. 18 of 2009 on 25.07.2012, whereby, the learned Trial Court has acquitted the respondent from the offence punishable under Sections 135 of the ELECTRICITY ACT , 2003 (hereinafter referred to as ‘the 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 07.03.2006, the officers of the Paschim Gujarat Vij Company Ltd. (hereinafter referred to as “PGVCL”) had gone for checking in village Khakhra-1, Taluka Dhrol, District Jamnagar, and while checking the rented house of the accused, it was found that the accused was not a consumer of electricity and had directly joined the electricity line of the PGVCL and was illegally consuming 385 watts of electricity. After the