Case Note & Summary
The appellant, Bhagwant Nivrutti Jadhav, was convicted by the Special Judge, Osmanabad, in Special Case (Electricity) No.51 of 2006 for the offence punishable under Section 135(a) of the Indian Electricity Act, 2003. He was sentenced to simple imprisonment for one month and a fine of Rs. 1,376/-, which was determined as civil liability under Section 154(5) of the Act, with default imprisonment of two months. The prosecution case was that on 14.7.2006, PW3 Sanjay Ragit, Junior Engineer of M.S.E.D.C., received a telephonic call from an assistant lineman about theft of electricity at village Keshegaon. He along with Deputy Executive Engineer Rakte (PW1), Assistant Engineer Kothle (PW2), and line staff proceeded to the house of the appellant. On inspection, they found that the appellant had placed a hook on the LT supply line and from the hook, a 20 ft. black service wire was taken to his house, where two bulbs of 40 watts were being used. PW3 drew a panchanama (Exh.12) and attached the service wire. He also prepared an assessment sheet (Exh.18) showing theft of electricity worth Rs. 1,852/-. A report was lodged at Bembli police station, leading to registration of CR No.16/2006 under Sections 135, 139, and 151 of the Act. The trial court convicted the appellant. In appeal, the appellant's counsel argued that the prosecution witnesses were interested and the panchanama was not properly proved. The High Court, after hearing both sides, found that the evidence of PW1, PW2, and PW3 was consistent and credible. The panchanama and assessment sheet were duly proved. The court held that the prosecution had established the theft beyond reasonable doubt. The conviction and sentence were upheld. The court also noted that the civil liability assessed under Section 154(5) was correctly determined. The appeal was dismissed.
Headnote
A) Electricity Law - Theft of Electricity - Section 135(a) Indian Electricity Act, 2003 - The appellant was found using a hook on the LT supply line to draw electricity for two bulbs - The prosecution proved the theft through panchanama and assessment sheet - The court upheld the conviction and sentence including civil liability under Section 154(5) - Held that the evidence of the raiding party and the panchanama established the offence beyond reasonable doubt (Paras 2-8).
Issue of Consideration
Whether the conviction of the appellant under Section 135(a) of the Indian Electricity Act, 2003 for theft of electricity by placing a hook on the LT supply line is sustainable on the basis of evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Special Judge, Osmanabad, in Special Case (Electricity) No.51 of 2006 are confirmed.
Law Points
- Theft of electricity
- Section 135(a) Indian Electricity Act 2003
- Civil liability assessment under Section 154(5)
- Special Court jurisdiction
- Panchanama evidence
- Assessment sheet
