Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

Law: Electricity Act, 1910

Section: 39A

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417(2-A)--Electricity Act, S. 39-A--Criminal Appeal--Allegation of--Stealing electricity through direct wire--Respondent No. 1 is named in crime report with specific allegation, but at same time this Court cannot lose sight of fact that there is delay of five days in lodging crime report for which no plausible explanation has been rendered by prosecution--In impugned, trial Court has observed that wire recovered from spot does not support prosecution version as length of same is not more than two feet while height of main line is 25-feet from ground, hence it is not possible to get connected same with main supply line--Furthermore, neither electric motor allegedly working at spot was taken into possession by Investigating Officer nor any evidence is available on record to suggest that said electric motor was under ownership of respondent--Moreover, prosecution witnesses are contradicting each other on salient features of case--Trial Court while observing that prosecution has badly failed to substantiate its version through leading cogent and confidence inspiring evidence has acquitted respondent while extending him benefit of doubt--Needless to mention that accused is favourite child of law and after acquittal presumption of innocence becomes double in favour of accused--Moreover, in a case of acquittal, superior Courts only interfere to avoid grave miscarriage of justice and when of acquittal is perverse, capricious or arbitrary but position in case in hand is otherwise. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE---.--- Through this Criminal Appeal filed under Section 417 (2-A), Cr.P.C. the appellant has called into question the vires of judgment dated 14.10.2016 whereby learned Judicial Magistrate, Pir Mahal, acquitted Respondent No. 1 from case FIR No. 191/2013, offence under Section 39-A of Electricity Act, registered with Police Station, Aroti, District Toba Tek Singh. 2. At the very outset, learned counsel for the appellant submits that the learned trial Court has not taken into consideration the evidence available on the record in its true perspective and has acquitted the respondent…

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