STATE OF RAJASTHAN Vs. JAMME KHAN AND OTHER

JUDGEMENT

(1.) The State is aggrieved by the judgment dated 21.03.2012 passed by the District & Sessions Judge, Jaisalmer, whereby the learned Judge has acquitted the accused-respondent Nos. 1, 2 and 3 for offence under Sec. 136 of the Electricity Act and for offence under Sec. 3 of P.D.P.P. Act.

(2.) Briefly the facts of the case are that on 14.06.2008, Mohanram (P.W.6), Junior Engineer, Jodhpur Vidhyut Vitran Nigam Ltd., Nachna (hereinafter referred to Floating Frame as "the Electrical Company", for short) had submitted a written report (Ex.P/7) before the Police Station Nokh, wherein he had claimed that in the night of 13.06.2008, from ten poles the wires of 33 KV which were going from 1120 RD to Nachna, were stolen by some unknown persons. On the basis of this report, a formal FIR, FIR No.22/2008, was registered by the Police. Subsequently, a charge-sheet was filed against the accused-respondent Nos. 1 to 3 for the aforementioned offences.

(3.) In order to support its case, the prosecution examined nine witness and submitted nine documents. The defence neither examine any witness, nor submit any documents. After going through the oral and documentary evidence, the learned Judge acquitted the accused-respondents. Hence, this criminal leave to appeal before this Court.