2025:CGHC:59460 Digitally NAFR signed by RUKHSAR RUKHSARBANO BANO Date:

2025.12.17

16:53:23 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1817 of 2023

1 - Satrughan Yadav S/o Late Lachhiram Yadav Aged About 65 Years R/o Shiv Mandir, Sitamani, Korba, Tahsil And District Korba (C.G.)

... Appellant versus

1 - State Of Chhattisgarh Through - District Magistrate, Korba, District Korba (C.G.)

... Respondent (Cause title taken from Case Information System)

For Appellant : Mr. Pushpendra Singh Baghel, Advocate For State / Respondent : Mr. Sanjeev Pandey, Dy. A.G.

Hon'ble Shri Justice Naresh Kumar Chandravanshi Judgment on Board

08/12/2025

1. This criminal appeal has been preferred by appellant under Section

374(2) of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’) challenging the judgment dated 27.06.2023 passed by the learned Special Judge (Electricity Act), Korba, District Korba, (CG) (henceforth referred to as the “Special Court”) in Special Criminal (Electricity Act) Case No.23/2021, whereby the appellant has been convicted for the offence punishable under Section 135 of the Electricity Act, 2003 (henceforth referred to as “the Act, 2003”) and sentenced to pay fine of Rs.1,31,817/- (3 times of amount of value of electric theft), and in default thereof, to undergo rigorous imprisonment for 9 months.

2. Facts of the case, in brief, are that under the direction of Assistant Engineer Tejram Kosriya, on 21.07.2020, Junior Engineer / complainant Chandra Kumar Rathore, who was leading the vigilance team, conducted a raid at the residential house of appellant / accused. During the raid, the appellant was found stealing electricity by illegal hooking, although his regular electric connection was already disconnected from the pole, despite that, he was using electricity through a white-coloured P.V.C. wire by illegal hooking. The raid was conducted in the presence of appellant. Spot inspection report, panchnama, spot map were prepared. The said P.V.C. wire used for illegal hooking was seized and handed over the same to the appellant / consumer vide (Ex.P-5). Thereafter, vide covering memo (Ex.P-10), an FIR (Ex.P-11) was lodged against the appellant for the offence under Section 135 of the Act, 2003 in Police Station, City Kotwali, Korba, District Korba (CG). After completion of investigation, a charge sheet for aforesaid offence was filed against the appellant before the Special Court.

3. Learned Special Judge framed charge under Section 135 of the Act, 2003 against the appellant / accused, who abjured his guilt and entered into trial.

4. So as to bring home the charge, the prosecution examined 6 witnesses and exhibited 12 documents. The statement of the appellant / accused under Section 313 of the CrPC was recorded, in which, he denied all the incriminating circumstances appearing against him in prosecution’s evidence and claimed innocence and false implication. In his statement u/S 313 of the CrPC, he has further stated that in the year 2019, during his absence, officials of the Electricity Department conducted a raid at his house and instructed his daughter-in-law (बहू) to send him to their office, where they obtained signature of appellant in some documents and raised a demand letter of Rs.2,14,000/-, which he challenged by filing writ petition, as such, the officials of the Electricity Department have made instant false case against him. The appellant /accused has examined one witness namely Vivek Gupta (DW-1) in his defence.

5. Learned Special Court, after appreciating evidence adduced by both the parties, convicted and sentenced the appellant, as has been mentioned in opening paragraph of this judgment. Being aggrieved and dissatisfied with the same, the appellant has filed instant appeal.

6. Learned counsel for the appellant submits that it is the case of prosecution that the electric connection of appellant’s house was disconnected from the pole, despite that, he was allegedly using electricity by illegal hooking; however, the pr