JUDGMENT :

Heard.

2. The appeal is directed against the judgment and order dated 27.11.2009 passed by the learned 2nd Additional Sessions Judge, Amravati passed in Special Case (Elect) No.22/2008, wherein the accused i.e. present respondent is acquitted for the offence punishable under Sections 135 and 138 of the Electricity Act,2003.

3. Brief facts:-

The Flying Squad visited Ice Factory of the accused on 15.06.2006, which included the informant and other members. The accused/respondent is running the said Ice Factory. The Electricity Meter was inspected by the Flying Squad in presence of the accused. It was found that the meter was tampered with. On conducting the pulse test, it was found that the meter was running slow by 73.68% as compared to regular running of meter. Inspection report was prepared in presence of witness and the respondent, meter was opened and it was found that there were three resistances in PVC cover. Accordingly, a detailed Panchanama was drawn, inspection report was prepared and meter was seized. Thereafter, it was found that there was theft of electricity of 8768 units during the period of last 24 months thereby, causing financial loss to the tune of Rs.46,03