Heard.

2.

Aggrieved by the order of conviction and

sentence passed against him for the offences punishable

under Section 138(1)(a) of the Electricity Act, 2003 (for

short 8the Act9), Section 429 of IPC and Section 9

punishable under Section 51 of the Wild Life (Protection)

Act,

1972

(for

short

8WLP

Act9),

the

accused

in

Spl.C.No.53/2009 on the file of the I Additional District and

Sessions Judge, Mysuru has preferred the above appeal.

3.

The

appellant

was

prosecuted

in

Spl.C.No.53/2009 for the offences punishable under

Section 135 of the Act, Section 429 of IPC and Section 51

of WLP Act on the basis of the charge sheet filed by

Saragur Police in Crime No.14/2009 of their police station.

4.

The case of the prosecution in brief is as

follows:

The appellant had fenced his land situated within the

limits of Halasooru Village with barbed wire fencing to

prevent the entry of the elephants into his house. He had

a pump house in the said land. He had unauthorizedly

tapped electricity from electricity line of pump house to

the solar fencing and barbed wire fencing of his land.

During the night of 06.02.2009, an elephant came to the

land of the appellant searching food, came in connectio