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2025 Supreme(Guj) 1923

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Rajnibhai Khimjibhai Chavda – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Satyen B. Rawal
For the Respondent: Monali Bhatt

Table of Content
1. appeal against conviction under section 135 of the electricity act. (Para 1)
2. appellant challenges the validity of evidence and procedures followed. (Para 2 , 3 , 4 , 5)
3. court identifies major flaws in prosecution evidence leading to appeal's success. (Para 6 , 7)

JUDGMENT :

1. Criminal Appeal under Section 374 of the Code of Criminal Procedure, 1973 challenges the judgment and order of conviction and sentence dated 2.2.2008 passed by the Special Judge, Fast Track Court no.1, Surendranagar in Electricity Special Case no.154 of 2007, which was under Section 135 of the Electricity Act, 2003 (hereinafter referred to as “the Act” for the sake of brevity), whereby the appellant as an accused came to be convicted and sentenced to one year rigorous imprisonment with fine of Rs.1,93,431/- and with default stipulation to undergo six months simple imprisonment. The fine amount was ordered to be paid to PGVCL.

3. Advocate Mr. Rawal has submitted that the learned Trial Court Judge has not made any equitable analysis of the evidence on record and has merely reiterated the deposition of the complainant and further submitted that the Rojkam in checking sheet at Exhs.10 and 11 d

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