SUBHASH GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 14-4-2009 passed by Special Judge under the Electricity Act, 2003, Raigarh (CG) in Special Case No.47 of 2008 wherein the said Court convicted the appellant for commission of offence under Sec. 135 of the Electricity Act, 2003 (for short 'the Act 2003') and sentenced him to undergo RI for one year. The said Court further imposed civil liability as per Sec. 154(5) of the Act 2003 to the tune of Rs.5,113.00.

(2.) As per the version of the complainant side, on 25-11-2008 the Executive Engineer, CG Electricity Board went for inspection during which he found illegal electric connection in the STD/PCO of the appellant. After investigation it was that no electric connection was taken by the appellant from the Electricity Board and he illegally took electric current by hooking from the main line of electric and electric was illegally used in the shop of the appellant which resulted loss of Rs.7210.00 to the Board. One panchnama was prepared and the appellant was charge sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under: