(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant-State and learned advocate Mr. Lakshit Patel with learned advocate Mr. R.J. Goswami for the respondent No. 1 at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 2/7/2007 passed by the learned Special Judge (Electricity), Gandhinagar in the Special Electricity Case No. 6 of 2007 for the offences punishable under Sec. 135(1)(A) of the Indian Electricity Act, 2003 (herein after referred to as the "Act 2003").
(3.) The brief facts of the case are that on 30/11/2005, while the complainant has visited the place of the respondent-accused at village-Badarpura, for checking the electric line, at that time, the respondent-accused was found consuming electric supply directly from low transmission line. That, therefore, checking officers have prepared and issued average bill to the respondent but the same was not paid by respondent. That, therefore, the complaint was filed before the GEB Police Station, Sabarmati for the alleged offence under Sec. 135(1)(A) of the Indian Electricity Act. That, the Dy. Executive Engineer recorded the statement of witnesses and charge sheet was filed before the Court of learned Judicial Magistrate First Class, Mansa. That, the case was committed to the learned Special Judge (Electricity), Gandhinagar under Sec. 209 of the Criminal Procedure Code. That, the accused has not pleaded guilty and claimed to be tried. That, after the conclusion of the trial, the learned Special Judge, Gandhinagar acquitted the accused and therefore, the State has preferred this appeal.
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