Case Note & Summary
The appellant, Maharashtra State Electricity Distribution Company Limited (MSEDCL), filed an appeal against the order dated 25th August 2006 passed by the learned Special Judge, Akola in Special Electricity Act Case No.21/2006 (2/2006), whereby the complaint was disposed of and the accused was acquitted. The prosecution case under Section 135(c) read with Section 138(d) of the Electricity Act, 2003 was that on 09.11.2005, at about 3.15 pm, the complainant inspected the electricity meter and connections at the flour mill of the accused. Accused No.1 was not present, but Accused No.2 was present and gave consent for inspection. During inspection, it was found that the meter was revolving very slowly and the seals were doubtful. For want of testing equipment, the inspection was suspended and paper seals were affixed. The trial court disposed of the complaint and acquitted the accused. The High Court found that the trial court had not considered the evidence and the provisions of the Electricity Act, 2003. The appeal was allowed, the impugned order was set aside, and the matter was remanded to the trial court for fresh decision on merits. The parties were directed to appear before the trial court on 20.01.2020.
Headnote
A) Criminal Law - Appeal against Acquittal - Electricity Act, 2003 - Sections 135(c), 138(d) - The appellant challenged the acquittal of the accused for alleged theft of electricity. The High Court held that the trial court had not considered the evidence properly and had disposed of the complaint without giving reasons. The appeal was allowed and the matter was remanded for fresh trial. (Paras 1-6) B) Electricity Law - Inspection and Consent - Electricity Act, 2003 - Section 135(c) - The prosecution case was that during inspection, the meter was found running slow and seals were doubtful. The accused No.2 had given consent for inspection. The High Court noted that the trial court had not considered these aspects. (Paras 2-4) C) Criminal Procedure - Remand for Fresh Trial - Code of Criminal Procedure, 1973 - Section 386 - The High Court set aside the acquittal and remanded the case to the trial court for fresh decision on merits, as the trial court had not applied its mind to the evidence. (Paras 5-6)
Issue of Consideration
Whether the trial court was justified in acquitting the accused without considering the evidence and the provisions of the Electricity Act, 2003, and whether the appeal against acquittal is maintainable.
Final Decision
The appeal is allowed. The impugned order dated 25.08.2006 passed by the learned Special Judge, Akola in Special Electricity Act Case No.21/2006 (2/2006) is set aside. The matter is remanded to the trial court for fresh decision on merits. The parties are directed to appear before the trial court on 20.01.2020.
Law Points
- Electricity theft
- inspection procedure
- consent for inspection
- burden of proof
- acquittal set aside
- remand for fresh trial
