This is an appeal by the Public Prosecutor against the acquittal of the six respondents by the Sub-Magistrate of Papanasam of offences under section 370, Indian Penal Code, read with section 39 of the Indian Electricity Act and section 44(c) and (d) of the Indian Electricity Act. The case for the prosecution is that the first accused celebrated the marriage of his daughter and for that purpose obtained a temporary connection from the Kumbakonam Electric Supply Corporation. Suspecting that there was some tampering of the electricity for providing energy for the marriage pandal, P.W. 1 inspected the place and found wires had been inserted and cut out leads were provided from the meters of the houses belonging to accused 2 to accused 5. P.W. 1 deposed that the consumption of the electricity taken to the marriage pandal was not recorded. He also found the link opened in one of the meters and the meter not functioning. On the evidence, the lower Court came to the conclusion that the prosecution has not succeeded in proving that the accused were guilty of the offence under the Indian Electricity Act.

Before the trial Court, a preliminary point was taken on behalf of the accu