Madhya Pradesh High Court
Omdev vs Mp Poorva Kshetra Vidhyut Vitran ... on 23 June, 2022
Author: Virender Singh
1
CRA No.-6770-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIRENDER SINGH
ON THE 23rd OF JUNE, 2022
CRIMINAL APPEAL NO. 6770 of 2021
Between:-
OMDEV S/O JAGAT NARAYAN
SHASTRI, AGED ABOUT 54 YEARS,
OCCUPATION BUSINESS, R/O
SONAKHAR, POLICE STATION
KUNDIPURA, DISTRICT
CHHINDWARA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI ASHISH KUMAR TIWARI- ADVOCATE)
AND
MADHYA PRADESH POORVA
KSHETRA VIDHYUT VITRAN
COMPANY, CENTRE SONAKHAR,
THOUGH ITS JUNIOR ENGINEER,
DISTRICT CHHINDWARA,
(MADHYA PRADESH)
.....RESPONDENT
(NONE FOR THE RESPONDENT)
.........................................................................................
This appeal coming for admission & consideration of I.A.
No.20072/2021- an application under Section 389(1) of CrPC for
suspension of sentence of the appellant, this day the Court passed the
following:
Signature Not Verified
SAN
Digitally signed by ASHISH KUMAR JAIN
Date: 2022.06.25 16:14:33 IST
2
CRA No.-6770-2021
JUDGMENT
By way of present appeal under Section 374(2) of CrPC, the
appellant has challenged the judgment and order dated 29.10.2021 passed
in Special Case No.2200003/2014 by the Special Judge (under Electricity
Act, 2003), Chhindwara, District-Chhindwara (M.P.) whereby the
appellant has been convicted for offence punishable under Section 135 of
the Electricity Act, 2003 and has been sentenced to undergo R.I. for one
year with fine of Rs.500/- with default stipulation. Besides, he is directed
to compassionate the complainant by Rs.1,51,944/- i.e. thrice the loss
caused to the complainant assessed @ Rs.50,648/-.
2- According to the complaint filed against the appellant, on
08.08.2013, Junior Engineer, M.P. Poorva Kshetra Vidyut Vitran Company
Limited, Distribution Centre Sonakhar, District Chhindwara, alongwith his
subordinates went for a surprise inspection of electricity connection in
village-Sonakhar, District-Chhindwara. On inspection of premises of the
appellant i.e. 'Arya Samaj Kanya Gurukul' a School, the accused was
found using electricity for commercial purposes from a domestic
connection. A demand notice was issued. He did not deposit the amount,
therefore, a complaint was filed and the appellant was prosecuted and
convicted as stated in the preceding paragraph.
3- The appellant has preferred this appeal on several grounds but
during arguments, the ld. counsel representing the appellant submitted that
he does not want to press the appeal on merits but his limited prayer is that
the appellant was about 55 years old at the time of institution of the
prosecution in the year 2013 and now, he is running about 65 years of age.
Since last 9 years, he is facing trial. It is also submitted that the appellant
Signature Not Verified
SAN
Digitally signed by ASHISH KUMAR JAIN
Date: 2022.06.25 16:14:33 IST
CRA No.-6770-2021
was the Principal of the School run by Arya Samaj Trust for girls in a
remote area for no personal gain but for the welfare of the society. The
electricity was being used to lift the water from the well to supply water to
the School. A valid electric connection was taken for that purpose by the
Trust. The appellant was even not aware that for running the same, a
commercial connection is required or that the connection taken for the
School is a domestic connection. The appellant was dispensing education
in a backward area. He was giving his services only for the social
purposes and to serve the humanity. The domestic electricity connection
had been taken and was being used, in fact, the appellant was not aware
that the pump cannot be run by a domestic power connection for the use of
school which according to the complainant was a commercial use. Since
the appellant has not taken any personal gain and the offence was due to
ignorance only, no fruitful purpose would be achieved by sending him jail
after about 9 years of his prosecution and at the age of 65 years, therefore,
the jail sentence awarded by the trial Court to the appellant may be
exempted. He is ready to pay the fine amount as well as the amount of
compensation assessed by the trial Court.
4- No one appeared for the other side to oppose the prayer.
5- I have heard the learned counsel for the appellant and perused the
record.
6- Since the merits of the case have not been touched by the ld.
counsel appearing for the appellant, therefore, his conviction under
Section 135 of the Electricity Act, 2003 recorded by the trial Court is
upheld.
Signature Not Verified
SAN
Digitally signed by ASHISH KUMAR JAIN
Date: 2022.06.25 16:14:33 IST
CRA No.-6770-2021
7- Having regard to the peculiar facts and circumstances of the case
and the submissions made by the ld. counsel for the appellant, it appears
that ends of justice would be served if the sentence of imprisonment
awarded to the appellant is reduced to till rising of the Court, therefore,
considering the nature & gravity of the offence, the allegation made
against the appellant, his age & status, the purpose of extraction of energy,
the manner & method in which the offence has been committed and other
facts & circumstance of the case, in the opinion of this Court, the appeal
deserves to be allowed in part.
8- In the result, the appeal is partly allowed. The conviction of the
appellant under Section 135 of the Electricity Act, 2003 is upheld.
However, subject to deposit of fine amount as well as amount of
compensation as imposed by the learned trial Court within two months,
the jail sentence of the appellant is modified and is reduced to the extent
till rising of the Court.
9- The appeal stands disposed off accordingly.
(VIRENDER SINGH)
JUDGE
@shish
Signature Not Verified
SAN
Digitally signed by ASHISH KUMAR JAIN
Date: 2022.06.25 16:14:33 IST
