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2018 Supreme(Online)(Guj) 7663

GUJARAT HIGH COURT
STATE OF GUJARAT – Appellant
Versus
KARAMSHIBHAI KARSANBHAI NAVADIYA – Respondent


ORAL ORDER

1. Present appeal is preferred under Section 377 of the Code of Criminal Procedure, 1973 by the State against the judgment and order dated 14.02.2018 passed in Special Gujarat Electricity Board (the 'G.E.B.' hereinafter) Case No.94 of 2014 by the learned Special Judge (G.E.B.), Camp at Botad for the offence punishable under Section 135 (1-A) of the Electricity Act, 2003. The Trial Court had sentenced him to undergo three months of Simple Imprisonment with fine of Rs.23,754/-

for committing the theft of the power for which bill raised is of Rs.7918./-

2.As per the case of the prosecution that on

17.08.2010, the officers of Electricity Company carried out checking and it was found that the accused was registered customer of the company having his customer No.37920/00080/7. It was the case of breaking service wire entering into the house and thereby enjoying the power without any official supply line.

3.Thereafter, the investigation was completed and chargesheet came to be filed against the respondent-accused. The respondent-accused after a fullfledged trial has been held by the Trial Court to have committed an offence under Section 135 of the Electricity Act, 2003.

4.This Court

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