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2024 Supreme(Online)(Kar) 37599

KARNATAKA HIGH COURT
STATE OF KARNATAKA – Appellant
Versus
SHAFIQ AHMED – Respondent


J U D G M E N T

Sri. E.I. Sirajuddin, Police Inspector, BESCOM (Vigilance)

and Sri. V. Ramakrishnan, AEE, BESCOM (Vigilance) are present before the Court physically and their statements are placed on record.

Heard Sri. Vinay Mahadevaiah, learned HCGP for the appellant alongwith Sri. Shesha Karthik Reddy, learned panel counsel for BESCOM and Sri. Javeed S., learned counsel for the respondent.

2. The State of Karnataka-BESCOM Vigilance, KPTCL, Indiranagar, Bengaluru has filed this appeal under section 377 of Cr.P.C to set-aside the judgment and order passed by X Addl. City Civil and Sessions Judge, Bengaluru(CCH-26) dated 31.03.2016 in Spl.C.C.No.188/2006 insofar as awarding inadequate sentence for the offence punishable under Section 135 of Electricity Act, 2003 and prayed to impose maximum sentence prescribed under law.

3. For the sake of convenience, the parties are referred to as per their ranking before the trial Court. The appellant is the 'complainant State' and respondent is the 'accused' before the trial Court.

4. The brief facts of the prosecution case are as under:-

The complainant(PW-3) V.C. Walli, was working as Assistant Executive Engineer, KPTCL Vigilance, Bengaluru. On 15.0

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