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MANOJ KUMAR GARG
Kanti Lal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 31.01.2014 passed by learned Special Judge, (Offence relating to Electricity Act), Dungarpur cum Sessions Judge, Dungarpur in Criminal Case No. 01/2013 (hereinafter referred to as 'the trial court') whereby, the learned trial court convicted the accused appellant for offence under Sections 136 of Electricity Act and sentenced him to undergo two years' R.I. and a fine of Rs. 1,000/-, in default of payment of fine, to further undergo three months' S.I.
2. Briefly stated the facts of the case are that an FIR for offence under Section 379 IPC and Section 138 of Electricity Act came to be registered at PS Sadar, District Dungarpur on the basis of a written report submitted by Yogesh Panchal, J.En., AVVNL, Bichhiwada on 06.01.2013. In the FIR, it was alleged that on 04.01.2013, the complainant received an information from the villagers that some unknown persons committed theft of a Single Phase Transformer, situated near Gamadi Deval Panchayat Bhawan, due to which supply of electricity was disturbed.
3. During investigation, accused-appellant and
The court maintained the conviction under the Electricity Act but reduced the sentence to the period already served due to mitigating circumstances.
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 considered mitigating circumstances, including the appellant's family responsibilities and the prolonged trial period, in reducing the appellant's sentence.
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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