Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 07.07.2012 passed by the learned Special Judge and 3rd Additional Sessions Judge, Jamnagar, in Special (GEB) Case No.61 of 2009. The respondent, Vallabhbhai Virjibhai Virani, was acquitted of the offence punishable under Section 135(1) of the Indian Electricity Act, 1910. The prosecution case was that on 22.12.2006 or prior thereto, the accused had made an illegal connection by connecting an illegal wire from the LT line at his address and was running a flour mill, thereby committing theft of electricity worth Rs.1,59,248.10 ps. After investigation, a charge-sheet was filed. The trial court, after considering the evidence, acquitted the accused. The State, feeling aggrieved, preferred this appeal. The High Court examined the evidence and found that the prosecution failed to prove the illegal connection and theft beyond reasonable doubt. The court held that the trial court's findings were plausible and not perverse, and therefore, the appeal was dismissed. The judgment was pronounced on 18.03.2026.
Headnote
A) Criminal Appeal - Acquittal Appeal - Section 378 CrPC - Standard of Review - Appeal against acquittal - Court held that unless the judgment of acquittal is perverse or based on no evidence, the appellate court should not interfere - Held that the trial court's findings were plausible and not perverse (Paras 1-14). B) Electricity Law - Theft of Electricity - Section 135(1) Indian Electricity Act, 1910 - Burden of Proof - Prosecution failed to prove illegal connection and theft beyond reasonable doubt - Held that the accused is entitled to benefit of doubt (Paras 2-13).
Issue of Consideration
Whether the trial court's judgment of acquittal dated 07.07.2012 in Special (GEB) Case No.61 of 2009 for offences under Section 135(1) of the Indian Electricity Act, 1910 is perverse and liable to be set aside.
Final Decision
The High Court dismissed the appeal and upheld the acquittal.
Law Points
- Acquittal appeal under Section 378 CrPC
- standard of proof in criminal appeal against acquittal
- presumption of innocence
- burden of proof on prosecution
- electricity theft under Section 135(1) of Indian Electricity Act
- 1910
