CHHATTISGARH RAJYA, VIDYUTA MANDAL Vs. RAVISHANKAR PATEL
LAWS(CHH)-2015-1-18
HIGH COURT OF CHHATTISGARH
Decided on January 16,2015

Chhattisgarh Rajya, Vidyuta Mandal Appellant
VERSUS
Ravishankar Patel Respondents




JUDGEMENT

P.SAM KOSHY, J. - (1.)THE present Acquittal Appeal has been preferred by the Appellant against the judgment of acquittal dated 16.12.2009 passed by the Special Judge (Electricity Act), Janjgir, District Janjgir -Champa, in Special Electricity Criminal Case No. 106/2009, whereby the Respondent has been acquitted of the charge under Section 138(b) of the Electricity Act, 2003.
(2.)BRIEF facts giving rise to the filing of the instant Acquittal Appeal as per the complaint are that on 4.2.2009 on inspection of the electricity connection installed at the premises of the Respondent by P.K. Namdeo, Junior Engineer, along with his staff, namely, Rajkumar Mansar and Ramkhilawan Sahu, the Respondent was found to be taken an electricity connection by directly hooking from the L.T. Line of the Electricity Board. During the course of inspection, it was found by the inspecting team that the electricity connection of the Respondent was disconnected on an earlier occasion on account of non -payment of arrears of electricity bills amounting to Rs. 15,586/ -, however the Respondent was using the electricity illegally by connecting the said electricity connection, which was earlier disconnected, from the L.T. Line of the Electricity Board. In this connection, Panchnama, spot map, assessment in respect of consumption of electricity was made and thereafter on the basis of the said assessment, provisional bill was provided to the Respondent. Thereafter, a complaint case (i.e. 'Special Electricity Criminal Case No. 106/2009') was filed before the Special Judge (Electricity Act), Janjgir, against the Respondent for having committed the offence under Section 138(b) of the Electricity Act, 2003, and the matter was put to trial.
(3.)DURING the course of trial, four witnesses i.e. P.K. Namdeo, Junior Engineer, Rajkumar Mansar, Line Attendant Grade -II and R.S. Kshatri, Assistant Engineer were examined as PW -1, PW -2 and PW -3, respectively, on behalf of the prosecution in support of its case. Statement of the accused Respondent was also recorded under Section 313 of CrPC in which he denied the circumstances appearing against him in the prosecution case and pleaded innocence and false implication.
After completion of the trial, the Court below, i.e., the Special Court constituted under the Electricity Act, vide its judgement of acquittal dated 16.12.2009 reached to the conclusion that the prosecution has not been able to prove its case beyond reasonable doubt against the Respondent and, therefore, giving the benefit of doubt the Respondent was acquitted of the -charge leveled against him under Section 138(b) of the Electricity Act.



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