Rang Nath Pandey, J. - (1.) The instant appeal has been preferred against the Judgment and order dated 17.05.2011 passed by Additional Sessions Judge/ Special Judge (Electricity Act), Unnao in Sessions Trial No.47 of 2008 arising out of case crime No.2567 of 2008, under Section 135(2) Indian Electricity Act, Police Station Kotwali, District Unnao, whereby the appellant has been convicted and sentenced as under:- (i) Under Section 135(2) Indian Electricity Act - Rigorous Imprisonment for a period of one year's alongwith fine of Rs.16,500 /- with default stipulation.
(2.) Heard Sri B.K. Chaudhary learned Counsel for the appellant and Mrs. Janlaxmi Senani Tiwari, learned A.G.A. for the State.
(3.) Learned counsel for the appellant, at the very outset, submits that he does not want to press the instant appeal on merit and simply prays that instead of custodial punishment awarded to the appellant under Section 135 (2) Electricity Act some fine may be imposed as appellant is a poor person and appellant is facing prosecution since 2008.;