- (1.)THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 12. 9. 2008 passed by the learned Special Judge, Fast Track Court No. 1, Surendranagar in Special (GEB) Case No. 14/2008, whereby the accused has been acquitted from the charges leveled against him.
(2.)THE brief facts of the prosecution case are as under:
2. 1 It is the case of the prosecution that though the respondent was not having any electric connection in his residential house , inspite of that, he has obtained illegal, unofficial and artificial direct connection from low transmission line passing near his house and, thereby committed offence under Indian Electricity Act, 2003. It is further the case of the prosecution that checking squad has carried out checking at the premises of respondent situated at village Jasapara, Tal. Limdi, Dist. Surendranagar and during checking, respondent was found committing theft of electricity by way of illegal connection and, accordingly, an average bill of Rs. 39,803. 80ps was prepared and issued to respondent, which the respondent has not paid within the period of limitation. 2. 2 Therefore, a complaint with respect to the aforesaid offence was filed against the respondent with the Sabarmati GEB Police Station, Ahmedabad which was registered as C. R. II No. 542/2006. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against him before the court of learned Principal Civil Judge and JMFC, Limdi. Thereafter, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court, which was numbered as Special (GEB) Case No. 14/2008. The trial was initiated against the respondent. 2. 3 To prove the case against the present accused, the prosecution has examined, in all, three witnesses and also produced three documentary evidence. 2. 4 At the end of trial, after recording the statement of the accused under section 313 of Cr. P. C. , and hearing arguments on behalf of prosecution and the defence, the learned Sessions Judge acquitted the respondent of all the charges leveled against him by judgement and order dated 12. 9. 2008. 2. 5 Being aggrieved by and dissatisfied with the aforesaid judgement and order passed by the Special Court the appellant State has preferred the present appeal.

(3.)IT was contended by learned APP that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.