VIJAY BISHNOI,J. - (1.) This criminal leave to appeal is filed by the Jodhpur Vidyut Vitran Nigam Limited seeking leave to file appeal against the judgment dated 17.06.2016 passed by the Special Judge, Electricity Act Cases and Additional District and Sessions Judge No. 1, Hanumangarh (hereinafter to be referred as 'the trial court') in criminal case No. 51/2010, whereby the trial court has acquitted the accused respondent for the offence punishable under Section 135 of the Electricity Act, 2003.
(2.) The trial court has observed that the prosecution has come with the allegation that the respondent was indulged in electricity theft by attaching wire illegally with the electricity pole for the purpose of connecting electricity in his house. The trial court has held that as per the statement of the prosecution witnesses the distance between the electricity pole and the alleged house of the accused respondent was about 45 feet whereas only 20 feet of electricity wire was recovered from the spot.
(3.) The trial court has also held that there is no evidence available on record to suggest that the house, where the illegal electricity connection was fixed belongs to the accused respondent. The trial court has taken into consideration the statement of the prosecution witnesses PW-1 Sher Singh, PW-2 Ramchandra Verma, PW-3 Nop Singh, PW-4 Chimanlal, PW-5 Prithviraj and PW-6 Jabar Singh, wherein all the aforesaid witnesses had stated that they have not verified the ownership of the accused respondent in respect of the house where the illegal electricity connection was found.;