HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 314/2013 Jodhpur Vidhyut Vitran Nigam Ltd.
----Appellant
Versus
Hakim Mohammed
----Respondent
For Appellant(s) : Mr. K.V. Vyas
For Respondent(s) : -
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 11/03/2022
1. In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This Criminal Appeal has been preferred against the judgment dated 03.06.2011 passed by learned Special Judge, Electricity Act Cases (Additional Session Judge no.1), Jodhpur, in Sessions Case No. 7/2010 arising out of FIR no. 150/2009 dated 22.11.2009, whereby the respondent was acquitted from the offences under Sections 135 & 138 of the The Indian Electricity Act, 2003.
3. Brief facts of the case, as noticed by this Court, are that on 06.10.2009, a vigilance team of appellant-JDVVNL found that the petitioner has tampered with the electricity meter of his house, and therefore, committed offences under Sections 135 and 138 of Act of 2003.
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4. Learned counsel for the appellant-JDVVNL submits that the learned Court below has not rightly appreciated the facts and circumstances of the case and has erred in passing the impugned judgment, despite the testimony of P.W.1 which clearly reveals that the tampering was done with the electricity meter.
5. Learned counsel for the respondent however, submits that the impugned judgment was passed by the learned court below after appreciating all the relevant aspects of the case as well as the material available on record before it.
6. Learned counsel for the respondent further submits that the learned court below had passed the impugned judgment only after appreciating witnesses' testimony and while recording reasoned and logical findings, i.e. except P.W. 1, no other witness saw the respondent tampering with the electricity meter, and other witness testimony against the respondent at best, was hearsay. Also, that during the investigation, the investigation officer did not notice any tampering and the supposedly tampered with meter, was not presented into evidence before the learned court below, and therefore, appeared to be a cooked up story.
7. Heard learned counsel for both parties as well as perused the record of the case.
8. This Court observes that the impugned judgment passed by the learned court below acquitting the respondent is a well reasoned speaking order, as the same had been passed after taking into due consideration the overall facts and circumstances of the case, and the evidence placed on the record before the learned court below, viz. relevant witnessess' testimony and documents.
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9. This Court further observes that, as submitted by the learned counsel for the respondent, and as is reflected from the record of the case that the learned Court below, only after recording logical and reasoned observations, as to the effect that out of all the witnesses, only one saw the electricity meter being tampered with, which however was, at a subsequent stage not noticed by the investigating officer during the investigation, and further the same was not placed before the learned court below, and therefore, the veracity of the said allegation could not be ascertained.
10. This Court also observes that the impugned judgment was passed on 03.06.2011, while the present appeal was only preferred in the year 2013, and that, there has been laches and delay in filing of this appeal.
11. In light of the aforesaid observations, this Court does not find any reason warranting its interference in the impugned judgment passed by the learned court below.
12. Consequently, the present appeal is dismissed. All pending applications stand disposed of. The record of the learned court below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI),J 139-SKant/-
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