(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The present application has been preferred for leave to prefer appeal against the judgment and order passed by the learned Special Judge in Special Electricity Case No. 3/2010, whereby, the accused has been acquitted for the offence under section 135 of the Indian Electricity Act.
2. We have considered the judgment and the reasons recorded by the learned Special Judge. We have considered the record and proceedings and we have heard the learned APP for the State.
3. It appears that the person who was in actual possession of the premises and the beneficiary for consumption of the electricity, had not come on record, by laying appropriate evidence by the prosecution. Further, on the aspect of tempering of the meter, the prosecution did not establish about the foreign body inserted inside the meter when the seals were intact and the meter was also intact. Under these circumstances, if the learned Special Judge has taken the view that the prosecution has not been able to prove the case beyond reasonably doubt, such cannot be said to be an error on the part of the learned Special judge. Under the circumstances, leave does not deserve to be granted, and therefore, not granted. The application disposed of accordingly.
[JAYANT PATEL, J.] [PARESH UPADHYAY, J.] mandora/ Top