Ajmer Vidyut Vitaran Nigam ... vs Laxman Ram
2021 Latest Caselaw 10317 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 232/2019

Ajmer Vidyut Vitaran Nigam Limited, Through Executive Engineer (Vigilance), Nagaur (Raj).

----Appellant Versus

1. Laxman Ram S/o Godha Ram, By Caste Jat, R/o Chapari, Police Station Merta Road, District Nagaur

2. State, Through PP

----Respondents

For Appellant(s) : Mr. Kuldeep Mathur Mr. Lakshay Singh For Respondent(s) : --

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

08/07/2021

The applicant Ajmer Vidyut Vitaran Nigam Ltd. (herein

referred to as 'AVVNL') has approached this Court by way of this

application under Section 378 (1) (b) Cr.P.C. seeking leave to

appeal against the judgment dated 07.07.2018 passed by learned

Addl. Sessions Judge No.1, Nagaur in Criminal Original Case No

32/2011 whereby, the respondent accused Laxman Ram was

acquitted from the offences punishable under Sections 135 and

136 of the Indian Electricity Act.

I have given my thoughtful consideration to the submissions

advanced by learned counsel representing the applicant

complainant AVVNL and have gone through the impugned

judgment and the record.

(2 of 2) [CRLLA-232/2019]

The FIR came to be lodged by the Executive Engineer

(Vigilance), Nagaur on 10.01.2007 alleging inter alia that Laxman

Ram Bhukar had unauthorizedly drawn a 11 KV line from the 63

KV transformer. The DP had been installed in the tractor trolley

and thereby the accused was indulged in theft of electricity on his

agricultural land. The pertinent case which was set up by the

witnesses of the Corporation in the trial was that the service line

which had been drawn for committing electricity theft was about

200 meters long and the photographs had also been snapped of

this illegal contraption. However, neither was the service line

admeasuring 200 meters seized at the time of inspection nor did

the prosecution present any photographs in support of its case

that the accused committed theft of electricity in this manner.

Even the DP which was being used to commit theft of electricity

was not seized by the officers of the Corporation.

In this background, I am of the firm opinion that the view

taken by the learned trial court in the impugned judgment that the

prosecution failed to prove the factum of theft of electricity against

the respondent-accused by leading cogent and convincing

evidence is absolutely justified and the same does not warrant any

interference therein. Hence, the leave to appeal application fails

and is dismissed as being devoid of merit.

The original record shall be returned to the trial court

forthwith.

(SANDEEP MEHTA),J 86-Sudhir Asopa/-

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