Gujarat High Court
State Of Gujarat vs Kanjibhai Bhurabhai Kateshiya Satvara on 8 August, 2025
NEUTRAL CITATION
R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 176 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE S.V. PINTO
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Approved for Reporting No
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STATE OF GUJARAT
Versus
KANJIBHAI BHURABHAI KATESHIYA SATVARA
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Appearance:
MS. C.M. SHAH, APP for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 08/08/2025
ORAL JUDGMENT
1. The appeal is filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned and Special Judge and 3 rd Additional Sessions Judge, Jamnagar (hereinafter referred to as "the learned Trial Court") in Special (GEB) Case No. 297/2014 on 29.09.2015, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Section 135 of The Indian Electricity Act, 2003.
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NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined 1.1 The respondent is hereinafter referred to as "the accused" as he stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts that emerge from the record of the case are as under:
2.1 On 10.01.2006, D. K. Jethwa - Junior Engineer, Industrial Sub-Division PGVCL, Jamnagar, M. J. Parmar -
Helper, Industrial Sub-Division PGVCL, Jamnagar and M. H. Pancholi - Helper, Industrial Sub-Division PGVCL, Jamnagar had checked the house of the accused at Khamirana village and they found that the accused had fixed a yellow colour service wire to the low tension electricity line on the pole and with a black colour cable had joined the submersible motor and was using electricity for his house and the field. After the due procedure, it was found that the accused had committed theft of electricity of Rs. 73,958.75/- and the complainant - Harjibhai Shamjibhai Dudhagara - Deputy Engineer, PGVCL Rural Sub-Division Jamnagar filed the complaint under Section 135 of the Indian Electricity Act, 2003 at the PGVCL Rajkot Page 2 of 12 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:18 IST 2025 NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined Zone Police Station which came to be registered as PGVCL Police Station, Rajkot Zone, II - C.R. No. 393 of 2006. 2.2 The Investigating Officer recorded the statements of the connected witnesses and seized the necessary documents and after completion of investigation, a charge- sheet came to be filed before the Court of Chief Judicial Magistrate, Jamnagar and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Jamnagar as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Special (GEB) Case No. 297/2014.
2.3 The accused was duly served with the summons and the accused appeared before the learned Trial Court and it was verified whether the copies of all the police papers were provided to the accused as per the provisions of Section 207 of the Code. A charge at Exh. 3 was framed against the accused and the statement of the accused was recorded at Exh. 4, wherein, the accused denied the contents of the charge and the entire evidence of the prosecution was taken Page 3 of 12 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:18 IST 2025 NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined on record.
2.4 The prosecution examined 3 witnesses and produced 9 documentary evidence and after the learned APP filed the closing pursis, the further statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 was recorded, wherein, the accused denied all the evidence of the prosecution on record. After the arguments of the learned APP and the learned advocate for the accused were heard, the learned Trial Court by the impugned judgement and order was pleased to acquit the accused from the charges levelled against them.
3. Being aggrieved and dissatisfied with the judgement and order of acquittal, the appellant State has filed the present appeal mainly stating that the learned Trial Court has not considered the oral and documentary evidences in proper perspective and has erred in holding that the prosecution has failed to prove the case beyond reasonable doubts. The learned Trial Court has not considered the evidences produced on record and even though there is nothing on record to prove the charge against the accused, Page 4 of 12 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:18 IST 2025 NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined the learned Trial Court has disbelieved the case of the prosecution. The prosecution has successfully established the case against the respondent and the judgement and order of acquittal is unwarranted, illegal and without any basis in the eyes of law and the reasons stated while acquitting the respondent are improper, perverse and bad in law and hence, the impugned judgement and order must be quashed and set aside.
4. Heard learned APP Ms. C.M. Shah for the appellant State. Though served, none has appeared on behalf of the respondent to make any submissions. Perused the impugned judgement and order of acquittal and have reappreciated the entire evidence of the prosecution on record of the case.
5. Learned APP Ms. C.M. Shah has taken this Court through the entire evidence of the prosecution on record of the case and has submitted that the complainant has fully supported the facts of his complaint and the evidence proves that the offence beyond reasonable doubts. The Page 5 of 12 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:18 IST 2025 NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined impugned judgement and order is perverse and learned APP has urged this Court to quash and set aside the same and find the respondent guilty for the offences.
6. The law with regard to acquittal appeals is well crystallized and in acquittal appeals, there is presumption of innocence in favour of the accused and it has finally culminated when a case ends in an acquittal. The learned Trial Court has appreciated all the evidence and when the learned Trial Court has come to a conclusion that the prosecution has not proved the case beyond reasonable doubts, the presumption of innocence in favour of the accused gets strengthened. There is no inhibition to re appreciate the evidence by the Appellate Court but if after re appreciation, the view taken by the learned Trial Court was a possible view, there is no reason for the Appellate Court to interfere in the same.
7. In light of the above settled principles of law, as the case of the prosecution is that the accused had committed a theft of electricity, the prosecution has to prove that the Page 6 of 12 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:18 IST 2025 NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined accused, though was a non-consumer, was committing the theft of electricity. PW1 - Harjibhai Shamjibhai Dudhagara examined at Exh. 8 is the complainant who was working as a Deputy Engineer in the PGVCL Industrial Sub-Division Jamnagar. The witness has stated that his officers had gone for checking and he had filed the complaint which is produced at Exh. 9, Annexure 11 - calculation sheet at Exh. 10, the bill of theft at Exh. 11 and the notice sent to the accused at Exh. 12. During the cross examination, the witness has stated that in the complaint produced at Exh. 9, the name of the accused is mentioned as Kateshia Kanjibhai Vasantlal and the bill at Exh. 11 and the notice at Exh. 12 are sent to Kateshia Kanjibhai Vasantlal. The witness has admitted that he has not gone to the place for checking and he had not taken the permission of any superior authority before filing of the complaint. No panchnama regarding the muddamaal seized at the place of theft was drawn and there is no reason mentioned in the complaint for the delay in filing of the complaint. Page 7 of 12 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:18 IST 2025
NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined 7.1 PW2 - Dilipbhai Kherajbhai Jethva examined at Exh. 14 was the Officer who had gone for checking at the place of the accused and he has narrated the facts as stated in the complaint. The witness has stated that he along with helper - M.J. Parmar and helper - M.H Pancholi had gone for checking and has produced the checking sheet at Exh. 15 and the rojkaam at Exh. 16. During the cross- examination by the learned advocate for the accused, the witness has stated that the Vigilance Department is in their office and it is their duty to check theft of electricity but he was not a member of the Vigilance Department. He has not taken any photographs at the place of the theft and has not taken any documentary evidence about the ownership of the place where the checking had taken place. The yellow and black wires were seized but no panchnama was drawn and in the checking sheet produced at Exh. 15, a different name has been mentioned. No documentary evidence to show that they had gone for checking has been produced on record.
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NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined 7.2 PW3 - Jitendrasinh Bhavubha Zala examined at Exh. 19 is the PSO who had registered the complaint and has produced a copy of an extract of the Station Diary at Exh. 21 and the FIR at Exh. 20. The witness has stated that the Investigating Officer - Prabhatbhai Kamabhai Miyatra has expired and the death certificate is produced on record at Exh. 18. During the cross-examination, the witness has stated that the complaint was filed against Kanjibhai Vasantbhai Kateshia but the charge sheet has been filed against Kanjibhai Bhurabhai Kateshia
8. On minute appreciation of the entire evidence of the prosecution, it is on record that PW2 - Dilipbhai Kherajbhai Jethva and two helpers - A. M. Parmar and M. H. Pancholi had gone for checking on 10.01.2006 at Khamirana village but the complaint is filed on 08.05.2006 and there is no explanation for the delay in filing of the complaint which is produced at Exh. 9. Admittedly, the complainant was not an eyewitness to the checking of the theft of electricity at Khamirana village and the only witness who had gone for checking is PW2 - Dilipbhai Kherajbhai Jethva but he has Page 9 of 12 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:18 IST 2025 NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined stated that no panchnama of the muddamaal wires was drawn and no muddamaal has been produced before the learned Trial Court. Except for the deposition of PW2 - Dilipbhai Kherajbhai Jethva, there is no evidence that the place of the accused was ever checked or that the accused was the owner or occupier of the place where the checking had taken place. Moreover, the complaint has been filed against Kanjibhai Vasantbhai Kateshia but the charge sheet has been filed against Kanjibhai Bhurabhai Kateshia and there is no explanation on record regarding the contradiction in the name of the accused. There are no independent witnesses examined by the prosecution and there is no documentary evidence to show in whose ownership or possession was the property where the checking had taken place. No photographs or videography has been undertaken at the time of the checking and from the documents there is no evidence that the accused Kanjibhai Bhurabhai Kateshia has committed any theft of electricity and all these aspects have been discussed by the learned Trial Court.
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NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined
9. In view of the settled position of law, the learned Trial Court has appreciated the entire evidence in proper perspective and there does not appear to be any infirmity and illegality in the impugned judgment and order of acquittal. The learned Trial Court has appreciated all the evidence and this Court is of the considered opinion that the learned Trial Court was completely justified in acquitting the accused of the charges leveled against them. The findings recorded by the learned Trial Court are absolutely just and proper and no illegality or infirmity has been committed by the learned Trial Court and this Court is in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by the learned Trial Court. This Court finds no reason to interfere with the impugned judgment and order and the present appeal is devoid of merits and resultantly, the same is dismissed.
10. The impugned judgement and order of acquittal passed by the learned and Special Judge and 3 rd Additional Page 11 of 12 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:18 IST 2025 NEUTRAL CITATION R/CR.A/176/2016 JUDGMENT DATED: 08/08/2025 undefined Sessions Judge, Jamnagar in Special (GEB) Case No. 297/2014 on 29.09.2015, is hereby confirmed.
11. Bail bond stands cancelled. Record and proceedings be sent back to the concerned Trial Court forthwith.
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(S. V. PINTO,J) VASIM S. SAIYED Page 12 of 12 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:58:18 IST 2025