Bhagwandas vs State Of M.P.
2023 Latest Caselaw 2645 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                        ON THE 13 th OF FEBRUARY, 2023
                                      CRIMINAL REVISION No. 569 of 2009

               BETWEEN:-
               BHAGWANDAS S/O RAMSAHAY NIRANJAN , AGED
               ABOUT        66       YEARS, R/O   VILL.NISAR
               TEH.LAHAR,DISTT.BHIND (MADHYA PRADESH)

                                                                                   .....PETITIONER
               (BY SHRI PRASHANT SHARMA- ADVOCATE)

               AND
               STATE OF M.P. THROUGH POLICE STATION SEONDA
               DISTT. DATIA (MADHYA PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI G.P.CHAURASIYA- PUBLIC PROSECUTOR FOR THE STATE )

                           Th is revision coming on for hearing this day, th e court passed the
               following:
                                                        ORDER

This revision has been filed by the petitioner against the judgment dated

22.7.2009 passed by the Additional Sessions Judge, Seonda, Distt. Datia, in Criminal Appeal No.60/2007 affirming the judgment dated 30.5.2007 passed by JMFC, Seonda, in Criminal Case No.87/2001 convicting the petitioner under Section 39 of the Electricity Act, 2010 and sentencing him to suffer 4 month RI with fine of Rs.1,000/-.

Brief facts necessary for disposal of this revision are that on 20.1.2001 Signature Not Verified petitioner was found committing theft of electricity. Complaint was filed, trial Signed by: MADHU SOODAN PRASAD was conducted and after trial petitioner has been sentenced as aforesaid. He Signing time: 13-02-2023 05:55:26 PM

preferred appeal which was dismissed by the appellate Court.

Learned counsel for the petitioner/accused submitted that he does not want to challenge the conviction of the petitioner for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioner that incident took place on 20.1.2001 and more than 22 years have elapsed. He has already suffered incarceration for about 4 days and amount of fine has been deposited by him. Therefore, while enhancing the fine amount suitably, sentence of the petitioner be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record.

Section 39 of the Indian Electricity Act, 1910 reads as under :-

"3 9 Theft of energy.â€"Whoever dishonestly abstracts, consumes or uses any energy shall be punishable with imprisonment for a term which may extend to three years, or with fine which shall not be less than one thousand rupees, or with both: and if it is proved that any artificial means o r means not authorised by the licensee exist for the abstraction, consumption or use of energy by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of energy has been dishonestly caused by such consumer.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the petitioner to the period already undergone by him, the fine is enhanced to Rs.5,000/- under Section 39 of the Electricity Act. Accordingly, while affirming the conviction of the petitioner under Section 39 of the Electricity Act, jail sentence of the petitioner is reduced to the period already undergone by him and fine amount is enhanced to Rs.5,000/- which shall be deposited by him within a period of one month from today, failing which the petitioner will have to suffer the sentence as Signature Not Verified awarded by the Courts below.

Signed by: MADHU SOODAN PRASAD Signing time: 13-02-2023 05:55:26 PM With the aforesaid, the revision stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 13-02-2023 05:55:26 PM