- (1.) The Jodhpur Vidhyut Vitran Nigam Ltd., the appellant, is aggrieved by the judgment dated 17.8.2011, passed by Special Judge, Electricity Act Cases and Additional District and Sessions Judge NO.1, Jodhpur Metropolitan, whereby the learned Magistrate has acquitted the accused respondent, Ilmdeen @ Iliyadeen, for offences under Sections 135 & 138 of the Indian Electricity Act ('the Act', for short).
(2.) Briefly, the facts of the case are that on 9.3.2011, the Vigilance Party of the appellant company had carried out an inspection of super transformer. When the meter box was inspected, it was discovered that the glass of the meter was open, and there were two CT wires which were attached. Thus, it was discovered that the meter box has been tampered with. It was also discovered that excess electricity load of 33 H.P. was being taken. Therefore, excess electricity was being stolen. The transformer along with meter, and the meter box were seized. On the basis of the Vigilance Checking Report ('VCR', for short), a formal FIR, FIR No. 66/2011, was chalked out on 13.4.2011 for offences under Sections 135 & 138 of the Act. Subsequently, a complaint was filed before the learned Judge.
(3.) In order to support its case, the appellant examined eight witnesses, and submitted six documents. Although, the defence did not examine any witness, but it did submit two documents. After going through the oral and documentary evidence, vide judgment dated 17.8.2011, the learned Magistrate acquitted the accused respondent. Hence, this criminal leave to appeal before this Court.;