R.S. Chauhan, J. - (1.) The Ajmer Vidhyut Vitran Nigam Ltd., is aggrieved by the judgment dated 18.03.2008 passed by the Special Judge, Electricity Cases, Bhilwara (ADJ, Bhilwara), whereby the learned Judge has acquitted the non-petitioner No.2, Gopilal, for offence under Section 135 of the Electricity Act.
(2.) The brief facts of the case are that the appellant had filed a complaint against respondent No.2 before the learned Judicial Magistrate, Mandalgarh on 06.07.2006, wherein it was stated that Shri Rajendra Kumar, Executive Engineer of AVVNL while on routine vigilance checking, found that electric wires was hooked on the low tension lines and irrigation was going on the in the fields of respondent No.2. On the above complaint, the learned Magistrate took cognizance under Section 135 of the Electricity Act and the matter was committed before the learned ADJ, (Special Judge, Electricity Cases, Bhilwara). The charge was framed against respondent No.2. During the trial, the prosecution produced four witnesses and exhibited five documents. The learned trial Court acquitted the respondent No.2 for the offence under Section 135 of Electricity Act, 2003 vide its judgment dated 18.03.2008. Hence, this appeal before this Court.
(3.) The learned counsel for the appellant has vehemently contended that there is sufficient evidence to show the fact that the respondent-accused had committed theft of electricity in order to operate the motor-pump in his farm for irrigating the farm. Therefore, the learned Judge was not justified in acquitting the accused-respondent for offence under Section 135 of the Electricity Act.;