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M. K. THAKKER
State of Gujarat – Appellant
Versus
Vipulbhai Jaysukhbhai Shah – Respondent
JUDGMENT :
M.K. THAKKER, J.
1. This appeal is filed under section 378 of the Criminal Procedure Code, 1973 (hereinafter referred to as the Cr.P.C.) challenging the judgment and order of acquittal dated 10-02-2016 passed by Learned Special Judge, Surendranagar in (electricity) case No. 11 of 2011.
2. It is the case of the complainant who is electricity company namely Paschim Gujarat Vij Company Limited that, on 24-03-2010, the checking was carried out of the electricity connection of the consumer namely Messers Rumi Plast situated at GIDC, phase 2 at Vadhvan. It was found that, the consumer of the licensee company which is supplying the electricity is having the consumer number 72601/00705 and having the industrial connection under tariff of L.T.P. iii, manipulation was made in the meter by way of external device and thereby they have committed theft of electricity for the amount of Rs. 14,14,568.09/- and thereby caused monetary loss to the electricity company.
2.1. Alleging the aforesaid charges, a complaint came to be lodged by the officer of the electricity company against Mr. Vipul Jaysukhbhai Shah and Mr. Hitenbhai Shah which was registered being IICR No. 846 of 2010 for the offenc
The prosecution must establish guilt beyond reasonable doubt, and mandatory provisions must be adhered to in lodging complaints.
The appellate court must respect acquittals unless substantial evidence of error or illegality is demonstrated, reinforcing the presumption of innocence.
The prosecution must provide sufficient evidence and independent witnesses to establish guilt in theft of electricity cases; mere allegations are insufficient for conviction.
The appellate court upheld the trial court's acquittal due to insufficient evidence linking the accused to the offense.
The appellate court upheld the trial court's acquittal, emphasizing the prosecution's failure to establish the respondent's guilt beyond reasonable doubt.
In appeals against acquittal, the Appellate Court must respect the presumption of innocence unless compelling reasons demonstrate evidence leading to conviction beyond reasonable doubt.
Where the trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of evidence which is but barely possible, it is obvious duty o....
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