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MANOJ KUMAR GARG
Bhimsen – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Instant criminal appeals have been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 30.01.2021 passed by learned Special Judge (Electricity Theft Cases) and Additional Sessions Judge No.1, Sriganganagar in Sessions Case No. 05/2019 by which the learned Judge convicted the appellant for offence under Section 135 Electricity Act and sentenced him for a period of two years simple imprisonment with fine of Rs. 10,000/- and in default of payment of fine, to further undergo 15 days S.I.
2. Brief facts of the case are that on 19.05.2018, the Executive Engineer, Jodhpur Discom, Sriganganagar made a sudden inspection of the house of appellant and found him having illegal wire connection from the main electric line.
3. The police registered the FIR and started investigation. After investigation, the police filed challan against the present appellant for offence under Section 135 Electricity Act. Thereafter, the charges of the case were framed against the appellant. He denied the charges and claimed trial.
4. During the course of trial, the prosecution examined nine witnesses and various documents were also exhibited. Thereafter, state
The court established that a sentence can be modified based on the time already served and the circumstances of the case, even when the conviction is upheld.
The court maintained the conviction under the Electricity Act but reduced the sentence to the period already served due to mitigating circumstances.
The post-conviction composition of the offence, as per the provisions of the Electricity Act, led to the acquittal of the accused.
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