CAV JUDGMENT

1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 21.10.2015, passed by the learned Special Judge and 3rd Additional Session Judge, Jamnagar in Special (GEB) Case No.506/2014, for the offences punishable under Section 135 of the Indian Electricity Act, 2003, the appellant – State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, “the Code”).

2. The prosecution case as unfolded during the trial before the lower Court is that the case pertains to an inspection conducted on 25.04.2012 at Digvijay Plot, Jamnagar by Mr. A.J. Dave, Deputy Engineer, along with his team. During the inspection, it was found that the respondent, owner of Raviraj Electronic and Atul Auto, had committed theft of electricity by tampering with the M.M.B. seal and bypassing the meter using a wire. It was alleged that the respondent had illegally consumed electricity amounting to 3.5385 kilowatt. Consequently, a supplementary bill of Rs. 1,54,263.18 was issued by the electricity company, which remained unpaid and therefore, the complaint was filed against the respondent-accused.

3. After usual investiga