Law: Electricity Act, 1910

Section: 39

Law: Criminal Procedure Code (V of 1898)

Section: 103,417(2-A)

(a) Electricity Act (IX of 1910)--- ----S. 39---Theft of electricity---Appreciation of evidence---Appeal against acquittal---Prosecution case was that accused persons were bypassing the electric meters and thus involved in the theft of electricity---Record showed that allegation of complainant was that he was present at the time of site inspection---Prosecution witnesses categorically deposed that complainant was not present at the time of site inspection---Said witnesses were themselves employees of Electricity Supply Company and were also members of the inspection team---Depositions of said witnesses were in complete contradiction to the prosecution case---Circumstances created doubt about the veracity of prosecution case, benefit of which would resolve in favour of accused persons---Appeal against acquittal was dismissed accordingly. (b) Electricity Act (IX of 1910)--- ----S. 39--- Theft of electricity--- Appreciation of evidence---Appeal against acquittal--- Photographs of the site--- Evidentiary value---Prosecution case was that accused persons were involved in the theft of electricity---Prosecution produced photographs of the site in order to prove the charge against the accused persons---Nothing was available in the produced photographs, which could connect the accused persons with the commission of offence---Said photographs attached with the memo of appeal did not help the prosecution case in any manner---Appeal against acquittal was dismissed accordingly. (c) Criminal Procedure Code (V of 1898)--- ----S. 417(2-A)---Electricity Act (IX of 1910), S. 39---Theft of electricity---Appreciation of evidence---Appeal against acquittal---Said S. 417-2(a), Cr.P.C. provided that aggrieved person could, within thirty days of the acquittal order, prefer an appeal against acquittal---In the present case, appeal was barred by time by five days---Ground for condonation stated that "in order to do justice the court should condone the time lapse"---High Court observed that justice should work for the prosecution and the defence, in the absence of cogent reasons for the delay, grounds taken by the appellant was without much force---Matter of delay could be taken…

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