Bhana Ram vs State
2022 Latest Caselaw 5825 Raj

                                              (1 of 2)                      [CRLA-239/2016]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Appeal No. 239/2016

Bhana Ram S/o Shri Pabu Ram, by caste
                                                                            ----Appellant
                                          Versus
State
                                                                          ----Respondent


For Appellant(s)                :     None present
For Respondent(s)               :     Mr. M.S. Bhati, PP
                                      Mr. Pradeep Sharma



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                          Order

21/04/2022

     In 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 Court, for the safety of

all concerned.

     The appellant has preferred the present appeal claiming the

following reliefs:-

      "It is, therefore, humbly prayed that this revision petition under
      Section 397 and 401 Cr.P.C. may kindly be accepted and allowed,
      the judgment/order dated 03.11.2015 passed by Special Court
      (Electricity Crime), Pali in Sessions Case No.29/2012-State Vs.
      Bhana Ram may kindly be quashed and set aside and petitioner
      may be acquitted from the offence under Section 135 and 138 of
      the   Electricity   Act       and   imposed     civil   liability   penalty   of
      Rs.144,726/- may kindly be quashed and set aside."


     The vigilance team filed a report on 22.02.2011 regarding

the inspection on 05.02.2011 at the home of the appellant and




                          (Downloaded on 25/04/2022 at 08:47:17 PM)
                                                                            (2 of 2)                [CRLA-239/2016]



                                   where they found that the appellant was committing offence under

                                   Section 135 & 138 of the Electricity Act.

                                        This Court, on perusal of the record, finds that the learned

                                   trial court has rightly framed the issues and has dealt with the

                                   evidence threadbare with the help of the concerned experts and

                                   found that the electricity theft and tempering of the meter has

                                   been made out.

                                        Learned trial court has rightly relied upon the statement of

                                   PW-1 Nakhat Singh,       PW-2 Manohar Das, PW-4 Ota Ram, PW-5

                                   Bag Singh, and PW-6 Tejkaran etc. The offence has been proved

                                   beyond reasonable doubt as the appellant was drawing electricity.

                                   However, the trial court has given the benefit of Section 4 of the

                                   Probation of Offenders Act, which takes care of the leniency part

                                   of the consideration.

                                        In view of the above, the appeal is dismissed. All pending

                                   applications stand disposed of accordingly.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

46-Zeeshan

Powered by TCPDF (www.tcpdf.org)