State Of Gujarat vs Arjunsinh Mulrajsinh Jadeja on 31 July, 2026

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    Gujarat High Court

    State Of Gujarat vs Arjunsinh Mulrajsinh Jadeja on 31 July, 2026

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                               R/CR.A/140/2013                                    JUDGMENT DATED: 31/07/2026
    
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                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                                 R/CRIMINAL APPEAL NO. 140 of 2013
    
    
                          FOR APPROVAL AND SIGNATURE:
    
    
                          HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
    
                          ==========================================================
    
                                       Approved for Reporting                    Yes           No
                                                                                  à­°
                          ==========================================================
                                                         STATE OF GUJARAT
                                                               Versus
                                                    ARJUNSINH MULRAJSINH JADEJA
                          ==========================================================
                          Appearance:
                          MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
                          Appellant(s) No. 1
                          MR.DARSHAN A. DAVE(7921) for the Opponent(s)/Respondent(s) No. 1
                          ==========================================================
    
                               CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
    
                                                             Date : 31/07/2026
    
                                                             ORAL JUDGMENT

    1. The appellant- State of Gujarat has preferred this appeal
    under Section 378(1)(3) of the Code of Criminal Procedure,
    1973 against the judgment and order of acquittal dated
    22.09.2012 passed by the learned Special Judge, Khambhalia
    (hereinafter be referred to as “the Trial Court”) in Special
    (GEB) No.65 of 2010 whereby the trial Court has acquitted
    the respondent accused from the charges under Section 135
    of the Electricity Act, 2003.

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    2. The brief facts of the prosecution case is that on
    22.06.2006, the complainant, along with Helper Shri S.S.
    Samani and officers Shri D.R. Babaria and Shri V.K. Vanvi,
    carried out an inspection at the premises of the respondent
    situated at Village Gorakhadi, Taluka Jamjodhpur, near Seva
    Sahakari Mandali Ltd.

    2.1 During the inspection, it was found that the respondent
    had obtained an illegal direct connection from the low-tension
    electricity line for operating his flour mill, thereby committing
    theft of electricity. The raiding party prepared the inspection
    report, seized the muddamal wire, and produced the same
    before the GEB Office. On the basis of the inspection report, a
    supplementary assessment bill was prepared and served upon
    the respondent. As the respondent failed to regularize the
    offence in accordance with law, the complainant lodged a
    complaint before the Police Inspector, GEB Police Station,
    Rajkot, which came to be registered as C.R. No. II-195/2006
    for the offence punishable under Section 135 of the Electricity
    Act. The investigation was thereafter entrusted to PSI Shri
    G.K. Vala.

    2.2 During the course of investigation, the Investigating
    Officer recorded the statements of the witnesses, drew the
    necessary panchnama, and, upon finding sufficient evidence
    connecting the respondent with the offence, filed a charge-
    sheet before the Court of the learned Judicial Magistrate First
    Class, Jamjodhpur, where it was registered as Criminal Case
    No. 95 of 2010.

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    2.3 Since the offence was exclusively triable by the Court of
    the learned Special Judge, the case was committed to the
    Court of the learned Special Judge, Khambhalia, where it was
    registered as Special (GEB) Case No. 65 of 2010.

    2.4 Thereafter, summons were issued to the respondent. Upon
    service of summons, the respondent appeared before the
    Special Court. The charge was framed against him, to which
    he pleaded not guilty and claimed to be tried. Before the trial
    Court, to prove its case the prosecution examined six
    witnesses and led 13 documentary evidences.

    2.5 After appreciation of the oral and documentary evidence
    on record, the learned Special Judge, by judgment and order
    dated 22.09.2012, acquitted the respondent of the charge
    under Section 135 of the Electricity Act, 2003. Being
    aggrieved by the said judgment and order of acquittal, the
    appellant-State of Gujarat has preferred the present appeal.

    3. Heard Ms. Jirga Jhaveri, learned APP for the appellant and
    Mr.Darshan Dave, learned counsel for the respondent.

    3.1 Leaned APP has submitted that the judgment and order of
    acquittal passed by the Trial Court is contrary to law, the
    evidence on record and the settled principles governing
    appreciation of evidence. The impugned judgment is therefore
    liable to be quashed and set aside. She has submitted that the
    Trial Court has based the impugned judgment on unwarranted
    inferences and presumptions not supported by the facts or the
    provisions of law. She has submitted that the Trial Court

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    failed to appreciate that the prosecution had led reliable oral
    and documentary evidence establishing that the respondent
    had illegally obtained a direct connection from the low-tension
    electricity line and committed theft of electricity punishable
    under Section 135 of the Electricity Act. The finding that the
    prosecution failed to prove its case beyond reasonable doubt
    is erroneous.

    3.2 Leaned APP has submitted that the Trial Court failed to
    properly appreciate the evidence of the complainant, PW-1
    Dineshbhai Ravjibhai Ghadiya (Exh.8), who proved the
    inspection, preparation of the inspection report, seizure of the
    muddamal wire, issuance of the supplementary bill and
    lodging of the complaint. His testimony remained consistent
    and fully supported the prosecution case. She has submitted
    that the Trial Court erred in discarding the evidence of PW-2
    Sureshbhai Alabhai Chavda (Exh.13) and PW-3 Pababhai
    Virambhai Gadhvi (Exh.15) merely because they were panch
    witnesses, without considering the evidence as a whole. She
    has submitted that the Trial Court failed to properly
    appreciate the evidence of PW-4 Sureshchandra Shantilal
    Samani (Exh.17), a member of the checking squad, who
    corroborated the inspection, detection of the illegal direct
    connection and operation of the flour mill by the respondent.

    3.3 Leaned APP has submitted that the Trial Court also failed
    to properly appreciate the evidence of PW-5 Kiritsinh
    Ranvirsinh Chudasama (Exh.23) and PW-6 Investigating
    Officer Gajendrasinh Kalubha Vala (Exh.29), who proved the
    registration of the FIR, investigation and filing of the charge-

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    sheet. She has submitted that the Trial Court erred in holding
    that the complainant was not competent to lodge the
    complaint under Section 151 of the Electricity Act, 2003 for
    want of an authorization certificate and further erred in
    holding that there was non-compliance with the provisions of
    Section 135 of the Electricity Act. She has submitted that the
    Trial Court committed an error in holding that the prosecution
    failed to establish the respondent’s ownership or possession of
    the premises and in drawing an adverse inference merely
    because certain ownership documents were not recovered.
    She has submitted that the Trial Court further erred in
    holding that non-recovery of the muddamal wire, absence of a
    recovery panchnama and non-examination of the
    photographer were fatal to the prosecution case, despite the
    cogent oral evidence of the checking squad and the
    Investigating Officer.

    3.4 Leaned APP has submitted that the Trial Court failed to
    appreciate that there was no evidence of any personal
    animosity or motive on the part of the members of the
    checking squad to falsely implicate the respondent. Their
    evidence could not have been discarded merely because they
    were officials of the Electricity Board. She has submitted that
    the Trial Court also erred in treating the complaint as belated
    and in relying upon irrelevant technicalities while ignoring the
    reliable and trustworthy prosecution evidence. She has
    submitted that the Trial Court misapplied the legal principles
    and authorities relied upon by the defence and consequently
    recorded findings which are perverse, contrary to the

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    evidence on record and unsustainable in law. She has
    submitted that the reasons assigned by the Trial Court for
    acquitting the respondent are illegal, improper, perverse and
    contrary to the evidence on record. The prosecution had
    proved its case beyond reasonable doubt, yet the respondent
    was acquitted.

    3.5 Leaned APP has submitted that the impugned judgment
    and order of acquittal being illegal, erroneous and against the
    weight of evidence deserves to be quashed and set aside, and
    the respondent deserves to be convicted for the offence
    punishable under Section 135 of the Electricity Act.

    4. On the other hand, Mr. Darshan Dave, learned advocate for
    the respondent accused has supported the judgment and
    order of acquittal passed by the Trial Court. The learned
    advocate appearing for the respondent-accused submitted
    that the impugned judgment and order of acquittal passed by
    the Trial Court is just, legal, and proper and does not call for
    any interference by this Court. It was submitted that the Trial
    Court has rightly appreciated the oral as well as documentary
    evidence available on record and has recorded findings based
    on proper appreciation of facts and settled principles of law.

    4.1 Learned Counsel for the respondent has submitted that
    the prosecution has failed to establish its case beyond
    reasonable doubt. He has submitted that the findings
    recorded by the Trial Court are based on cogent reasons and
    are neither arbitrary nor contrary to law.

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    4.2 Learned Counsel for the respondent has submitted that in
    an appeal against acquittal, unless the findings recorded by
    the Trial Court are perverse, illegal, or wholly unsupported by
    evidence, interference by the Appellate Court is unwarranted.
    In the present case, no such infirmity, illegality, or perversity
    is demonstrated in the impugned judgment and order.
    Therefore, it was urged that the appeal deserves to be
    dismissed and the impugned judgment and order of acquittal
    deserves to be confirmed.

    5. I have perused the relevant documents and material placed
    on record. I have also gone through the judgment and order
    passed by the trial Court as well as the record and
    proceedings.

    6. Upon perusal of the impugned judgment and order, as well
    as the submissions advanced by the learned advocates for
    both sides, the issues that arises for consideration before this
    Court are as under:-

    Whether the Trial Court committed any error in passing
    the impugned judgment and order of acquittal?

    Whether the Trial Court, while appreciating the evidence
    of the prosecution witnesses, has committed any error of
    law or fact?

    Whether the impugned judgment and order of acquittal
    suffers from any illegality or perversity?

    7. In view of the above-stated submissions and upon perusal of
    the impugned judgment and order of acquittal, as well as the
    evidence recorded by the Trial Court, it is appropriate to first

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    examine the facts of the case.

    8. On 22.06.2006, PW-1, along with the helpers, namely, S.S.
    Samani, D.R. Babariya, and V.K. Vanvi, who were working in
    the Jamjodhpur Sub-Division, visited the premises situated at
    Village Gorakhadi, Taluka Jamjodhpur, District Jamnagar.
    During the inspection, the checking squad found that the
    respondent was running a flour mill in the said premises. It
    was further stated that the flour mill was owned by the
    present respondent.

    9. It was also found that there was no authorised electricity
    connection or electricity meter installed at the premises.
    However, the respondent was operating the flour mill by using
    an unauthorised three-phase electricity connection. For this
    purpose, approximately 15 metres of black electric cable had
    been directly connected to the electricity pole with the aid of
    other apparatus. Thus, the respondent was found to have
    dishonestly abstracted and unauthorisedly used electrical
    energy for operating the flour mill. Consequently, the
    respondent was charged with the alleged offence punishable
    under Section 135 of the Electricity Act, 2003.

    10. PW-1 prepared the calculation sheet and also issued a
    supplementary bill. On the basis thereof, the complainant
    forwarded a written complaint dated 14.03.2006 through
    Registered A.D. post to the concerned police station, i.e.,
    P.G.V.C.L. Police Station, Rajkot. The same was received on
    18.03.2006 and was registered as C.R. No. II-195 of 2006.

    11. On perusal of the cross-examination of PW-1, it emerges

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    that the complainant had not visited the premises of the
    respondent, nor had he personally seen the respondent’s
    premises. He further admitted before the Trial Court that the
    Vigilance Officer and the Head Office of P.G.V.C.L. are
    situated at Vadodara, where the Vigilance Officer was present
    at the relevant time. He also admitted that, before registration
    of the FIR, as required under the Act, PW-1 had not obtained
    any authorisation letter as contemplated under Section 151 of
    the Electricity Act, which reads as under:

    Section 151. (Cognizance of offences):

    No court shall take cognizance of an offence punishable under this
    Act except upon a complaint in writing made by Appropriate
    Government or Appropriate Commission or any of their officer
    authorized by them or a Chief Electrical Inspector or an Electrical
    Inspector or licensee or the generating company, as the case may
    be, for this purpose.

    [Provided that the court may also take cognizance of an offence
    punishable under this Act upon a report of a police officer filed
    under section 173 of the Code of Criminal Procedure, 1973:

    Provided further that a special court constituted under section 153
    shall be competent to take cognizance of an offence without the
    accused being committed to it for trial.]

    [151A. For the purposes of investigation of an offence punishable
    under this Act, the police officer shall have all the powers as
    provided in Chapter XII of the Code of Criminal Procedure, 1973.
    151B. Notwithstanding anything contained in the Code of Criminal
    Procedure
    , 1973, an offence punishable under sections 135 to 140
    or section 150 shall be cognizable and non-bailable.”

    12. Even the PW-1 has not produced any authorisation even
    before the Court. Whereas, PW-4, being a helper, namely Mr.
    Samani, who had accompanied the complainant at the time of
    inspection of the premises, has stated that the inspection was
    carried out in his presence. He has further stated that they
    had taken photographs of the place of the incident, prepared a

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    panchnama, and seized the cable. However, he has referred to
    the colour of the cable as red and black, whereas the original
    complainant, PW-1, has referred to the cable as being black in
    colour.

    13. Now, in his cross-examination, the witness deposed before
    the Court that they had not prepared any panchnama at the
    place of the incident, nor had they collected any records. Even
    his statement was recorded after about 10 months from the
    date of the occurrence, i.e., on 04.12.2006. He has also
    admitted before the Court that they had not obtained the
    signatures of the panchas, nor had they handed over the
    muddamal, i.e., the electric cable and other apparatus, to the
    Investigating Officer.

    14. Now, looking to the evidence of the Investigating Officer,
    PW-6, it appears that after the investigation was handed over
    to him, he investigated the offence and filed the charge-sheet
    against the present respondent. However, in his cross-
    examination, he admitted before the Court that he had not
    drawn any panchnama in the presence of the panchas at the
    place of the incident. He also admitted that he had not sought
    any clarification regarding the delay in lodging the FIR. He
    has also stated before the Court that the muddamal seized by
    the complainant was not produced before him, nor had he
    collected it, nor had he produced it before the Court, nor had
    he recorded any further statements of the witnesses. In light
    of the above-referred facts, and after considering the
    arguments of both sides, the Trial Court framed the issue in
    Paragraph 7 and recorded the reasons in Paragraph 10

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    onwards.

    15. Now, if we look at the provisions of Section 151 referred
    to above, it was a mandatory requirement that unless and
    until the person had authorisation from the officer or the
    authority as described under Section 151 of the Electricity
    Act, no Court shall take cognizance.

    16. In the present case also, after considering the said facts,
    the Trial Court has recorded in Paragraph Nos. 19, 20, and 21
    that the prosecution failed to produce any evidence with
    respect to the provisions of Section 151 of the Electricity Act.
    The Trial Court has also considered the settled legal
    principles enunciated by this Court and the Hon’ble Apex
    Court, more particularly those referred to in Paragraph No.
    29 onwards. Even in Paragraph No. 33, the Trial Court has
    referred to the decision of the Division Bench of this Court in
    the case of State of Gujarat vs. Karshan Chakubhai Parmar,
    dated 29.07.2007, passed in Criminal Appeal No. 969 of 2009,
    wherein the Division Bench held and observed as under:

    6.1 The trial Court after appreciation of the evidence found that
    there is no documentary evidence of the ownership of the shop. No
    independent witnesses were examined by the prosecution.

    Panchnama was not prepared by the G.E.B. Officer. The witnesses
    who were examined are the interested witnesses. There is delay in
    lodging the complaint and sanction from the competent authority
    was not obtained for lodging the complaint. In this fact situation
    the Special Court has found that there are serious lacuna in the
    prosecution case and the prosecution has failed to establish the
    case against the respondent. The prosecution has also failed to
    prove that the same object which was produced by the prosecution
    was used for the alleged commission of power theft. Therefore the
    trial court has given the benefit of doubt to the accused and we do
    not find any reason to interfere with
    the said finding.”

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    17. After considering the above, the Court came to the
    conclusion that, in the absence of any evidence produced by
    the prosecution, the prosecution miserably failed to establish
    the case against the present respondent. It was further
    observed, while referring to the judgments in Paragraph Nos.
    34, 35, 36, and 37, that the prosecution had even otherwise
    failed to establish the case against the present respondent, as
    it had neither collected the muddamal nor drawn any
    panchnama of the place of the incident, nor even examined
    whether the present respondent was the owner of the
    premises in question.

    18. On the contrary, the panchnama shows that the present
    respondent was not the owner of the premises in question and
    that he was a tenant of the said premises. The original owner
    of the premises was Jagabhai Mayabhai, who had given the
    premises on rent to the present respondent. However, no rent
    receipt or rent agreement was seized by the Investigating
    Officer during the course of the investigation, nor was any
    such document produced before the Court. Therefore, the
    prosecution failed to establish whether the present
    respondent was the actual occupier of the subject property
    where the alleged theft of electricity was found and on the
    basis of which a complaint was lodged against the present
    respondent under Section 135 of the Electricity Act.

    19. At this juncture, it is appropriate to refer the provisions of
    Section 135 of the Electricity Act, which read as under:

    Section 135. (Theft of Electricity): — 1[(1) Whoever, dishonestly, —

    (a) taps, makes or causes to be made any connection with
    overhead, underground or under water lines or cables, or service
    wires, or service facilities of a licensee or supplier as the case may

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    be; or

    (b) tampers a meter, installs or uses a tampered meter, current
    reversing transformer, loop connection or any other device or
    method which interferes with accurate or proper registration,
    calibration or metering of electric current or otherwise results in a
    manner whereby electricity is stolen or wasted; or

    (c) damages or destroys an electric meter, apparatus, equipment,
    or wire or causes or allows any of them to be so damaged or
    destroyed as to interfere with the proper or accurate metering of
    electricity,

    (d) uses electricity through a tampered meter; or (e) uses
    electricity for the purpose other than for which the usage of
    electricity was authorised,
    so as to abstract or consume or use electricity shall be punishable
    with imprisonment for a term which may extend to three years or
    with fine or with both:

    Provided that in a case where the load abstracted,
    consumed, or used or attempted abstraction or attempted
    consumption or attempted use –

    (i) does not exceed 10 kilowatt, the fine imposed on first conviction
    shall not be less than three times the financial gain on account of
    such theft of electricity and in the event of second or subsequent
    conviction the fine imposed shall not be less than six times the
    financial gain on account of such theft of electricity;

    (ii) exceeds 10 kilowatt, the fine imposed on first conviction shall
    not be less than three times the financial gain on account of such
    theft of electricity and in the event of second or subsequent
    conviction, the sentence shall be imprisonment for a term not less
    than six months, but which may extend to five years and with fine
    not less than six times the financial gain on account of such theft of
    electricity:

    Provided further that in the event of second and subsequent
    conviction of a person where the load abstracted, consumed, or
    used or attempted abstraction or attempted consumption or
    attempted use exceeds 10 kilowatt, such person shall also be
    debarred from getting any supply of electricity for a period which
    shall not be less than three months but may extend to two years
    and shall also be debarred from getting supply of electricity for
    that period from any other source or generating station:

    Provided also that if it is proved that any artificial means or
    means not authorized by the Board or licensee or supplier, as the
    case may be, exist for the abstraction, consumption or use of
    electricity by the consumer, it shall be presumed, until the contrary
    is proved, that any abstraction, consumption or use of electricity
    has been dishonestly caused by such consumer.
    (1A) Without prejudice to the provisions of this Act, the licensee or
    supplier, as the case may be, may, upon detection of such theft of
    electricity, immediately disconnect the supply of electricity:

    Provided that only such officer of the licensee or supplier, as
    authorized for the purpose by the Appropriate Commission or any
    other officer of the licensee or supplier, as the case may be, of the

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    rank higher than the rank so authorised shall disconnect the supply
    line of electricity:

    Provided further that such officer of the licensee or supplier,
    as the case may be, shall lodge a complaint in writing relating to
    the commission of such offence in police station having jurisdiction
    within twenty four hours from the time of such disconnection:

    Provided also that the licensee or supplier, as the case may
    be, on deposit or payment of the assessed amount or electricity
    charges in accordance with the provisions of this Act, shall,
    without prejudice to the obligation to lodge the complaint as
    referred to in the second proviso to this clause, restore the supply
    line of electricity within forty-eight hours of such deposit or
    payment.]
    (2) 1[Any officer of the licensee or supplier as the case may be,]
    authorized in this behalf by the State Government may —

    (a) enter, inspect, break open and search any place or premises in
    which he has reason to believe that electricity 2[has been or is
    being,] used unauthorisedly;

    (b) search, seize and remove all such devices, instruments, wires
    and any other facilitator or article which has been, or is being,
    used for unauthorized use of electricity;

    (c) examine or seize any books of account or documents which in
    his opinion shall be useful for or relevant to, any proceedings in
    respect of the offence under sub-section (1) and allow the person
    from whose custody such books of account or documents are
    seized to make copies thereof or take extracts therefrom in his
    presence.

    (3) The occupant of the place of search or any person on his behalf
    shall remain present during the search and a list of all things
    seized in the course of such search shall be prepared and delivered
    to such occupant or person who shall sign the list:

    Provided that no inspection, search and seizure of any domestic
    places or domestic premises shall be carried out between sunset
    and sunrise except in the presence of an adult male member
    occupying such premises.

    (4) The provisions of the Code of Criminal Procedure, 1973,
    relating to search and seizure shall apply, as far as may be, to
    searches and seizure under this Act.”

    20. There is a serious lacuna in proving the ingredients of
    Section 135 of the Electricity Act and, therefore, after
    considering the decisions of this Court and the Hon’ble Apex
    Court, the Trial Court has rightly passed the impugned
    judgment and order. Under the circumstances, I do not find
    any illegality or perversity in the impugned judgment and

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    order of acquittal.

    21. It was also further observed that, though the prosecution
    had produced copies of the photographs at Exhibits 20, 21,
    and 23 to show that the electric motor was found in a running
    condition and that one person was operating the flour mill,
    they had not produced any evidence with regard to the
    photograph bill, nor had they examined the photographer to
    prove the photographs. Therefore, under the circumstances,
    the prosecution miserably failed to establish the charge
    against the present respondent. In the absence of any cogent
    and clinching evidence, the Trial Court has rightly passed the
    impugned judgment and order of acquittal in favour of the
    present respondent.

    22. After considering all the relevant provisions of law, the
    facts of the case, and the decisions of this Court and the
    Hon’ble Apex Court, the Trial Court has rightly passed the
    impugned judgment and order.

    23. At this juncture, it is appropriate to refer the decision in
    case of the State of Gujarat vs. Jayendrasinh Motisinh
    Zala
    reported in 2012(0) AIJEL-HC 226407, wherein this
    Court has observed as under:-

    “5. The investigating officer admitted in his cross examination that
    there were number of residential houses located in vicinity of the
    house where checking was done, however, statement of none of
    such residents residing nearby was recorded. He admitted that
    Panchnama of the place was not carried out, nor the Muddamal
    wires etc. were recovered in presence of Panchas and even
    Panchnama was never drawn to show any such recovery. He
    admitted that Panchnama of the place was not carried out, nor the
    Muddamal wires etc. were recovered in presence of Panchas and
    even Panchnama was never drawn to show any such recovery. He
    admitted that as per normal requirement, in the statement of

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    consumer either signature of the consumer was obtained or, if it
    were thumb impression, signatures of two Panchas were obtained.
    However, statement (Exh. 17) did not bear signature of accused
    nor the thumb impression of the person present was verified by any
    panch. He admitted that he did not investigate as to who was
    Ranjanben. He admitted, after seeing envelop of the notice
    (Exh.15) sent to the accused that it had returned undelivered with
    the postal endorsement that no person named therein had been
    staying at Mahelav.”

    24. Even in the decision of the Bombay High Court in the case
    of Shakambari Industries vs. State of Maharashtra
    reported in 2005 (0) AIJEL-MH-131024 the Bombay High
    Court has held as under:-

    “4. Shri G. B. Lohiya submitted that under Section 151 of the
    Electricity Act, 2003 no Court can take cognizance of an offence
    punishable under this Act except upon a complaint in writing made
    by the Officer authorised. Shri Lohiya further submitted that when
    there is prohibition for taking cognizance except upon a complaint
    in writing the police could not have taken cognizance of the
    offence. The reasoning is that even after completion of
    investigation if the police presents charge-sheet the Court would
    not be in a position to take cognizance thereof as the same is
    barred under section 151 of the Electricity Act, 2003.

    5. I find that though the police took cognizance of the offence
    punishable under Section 135 of the Electricity Act, 2003 no
    charge-sheet can be filed and even if filed no cognizance thereof
    can be taken by the Court concerned. Thus this is a fit case in
    which inherent powers of this Court are required to be invoked for
    preventing the abuse of the process of the Court. Hence the
    order:”

    25. An identical issue on the subject matter has been decided
    by this Court vide dated 27.03.2009 in Criminal Appeal No.17
    of 2009 in the case of State of Gujarat vs. Kamalbhai
    Navalbhai Vyas and in the case of State of Gujarat vs.
    Sajidbhai Yakubbhai Pithadiya
    reported in 2015 LawSuit (Guj)
    999, more particularly the observations made in paragraph
    Nos. 11, 13, 14 and 15.

    26. Further, on perusal of the record of the appeal, it

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    transpires that the respondent-accused has established his
    innocence before the Trial Court and that, after due
    appreciation of the oral as well as documentary evidence and
    other material placed on record, the Trial Court has rightly
    passed the impugned judgment and order of acquittal. The
    findings recorded by the Trial Court are just, proper and in
    accordance with the settled principles of law and, therefore,
    no interference is warranted by this Court.

    27. It is well settled by catena of decisions that the Appellate
    Court has full power to review, re-appreciate and reconsider
    the evidence upon which the order of acquittal is founded.
    However, Appellate Court must bear in mind that in case of
    acquittal there is double presumption in favour of the
    accused. Firstly, the presumption of innocence is available to
    him under the fundamental principle of criminal jurisprudence
    that every person shall be presumed to be innocent unless he
    is proved guilty by a competent Court of law. Secondly, the
    accused having secured his acquittal, the presumption of their
    innocence is further reinforced, reaffirmed and strengthened
    by the trial Court.

    28. Further, if two reasonable conclusions are possible on
    the basis of the evidence on record, the Appellate Court
    should not disturb the finding of acquittal recorded by the
    trial Court. Further, while exercising the powers in appeal
    against the order of acquittal, the Court of appeal would not
    ordinarily interfere with the order of acquittal unless the
    approach of the lower Court is vitiated by some manifest
    illegality and the conclusion arrived at would not be arrived at

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    by any reasonable person and, therefore, the decision is to be
    characterized as perverse. Merely because two views are
    possible, the Court of appeal would not take the view which
    would upset the judgment delivered by the Court below.
    However, the Appellate Court has a power to review the
    evidence if it is of the view that the conclusion arrived at by
    the Court below is perverse and the Court has committed a
    manifest error of law and ignored the material evidence on
    record. A duty is cast upon the Appellate Court, in such
    circumstances, to re-appreciate the evidence to arrive to a
    just decision on the basis of material placed on record to find
    out whether the accused are connected with the commission
    of the crime with which he is charged.

    29. The scope and principles are enunciated by the Hon’ble
    Apex Court in case of Chandrappa and others Vs. State of
    Karnataka
    reported in (2007) 4 SCC 415, more particularly
    paragraph Nos.
    42 and 43, which was subsequently re-
    affirmed by the Hon’ble Apex Court Rajesh Prasad Vs. State
    of Bihar and another
    , reported in [2022] 3 SCC 471,
    wherein, the Hon’ble Apex Court has enunciated the general
    principles in case of acquittal, more particularly in paragraph
    No. 26 the general principles are set out by the Hon’ble Apex
    Court based upon various decisions of the Hon’ble Apex
    Court.
    Then in case of Babu Sahebagouda Rudragoudar
    Vs. State of Karnataka
    , reported in AIR 2024 SC 2252 =
    (2024) 8 SCC 149, the Hon’ble Apex Court has dealt with
    the similar issue, more particularly, in paragraph Nos. 37 to

    40. Hence, I am in complete agreement with the findings

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    recorded by the trial Court.

    30. It is also worthwhile to refer to the recent decision of the
    Hon’ble Supreme Court in the case of Ramesh vs. State of
    Karnataka
    , reported in [2024] 9 SCC 169, wherein the
    Hon’ble Supreme Court has held and observed in paras-20
    and 21 as under:-

    “20. At this stage, it would be relevant to refer to the general
    principles culled out by this Court in Chandrappa and others vs.
    State of Karnataka
    , regarding the power of the appellate Court
    while dealing with an appeal against a judgment of acquittal. The
    principles read thus:

    “42. …. (1) An appellate court has full power to review,
    reappreciate and reconsider the evidence upon which the order of
    acquittal is founded.

    (2) The Code of Criminal Procedure, 1973 puts no limitation,
    restriction or condition on exercise of such power and an
    appellate court on the evidence before it may reach its own
    conclusion, both on questions of fact and of law.

    (3) Various expressions, such as, “substantial and compelling
    reasons”, “good and sufficient grounds”, “very strong
    circumstances”, “distorted conclusions”, “glaring mistakes”, etc.
    are not intended to curtail extensive powers of an appellate court
    in an appeal against acquittal. Such phraseologies are more in the
    nature of “flourishes of language” to emphasize the reluctance of
    an appellate court to interfere with acquittal than to curtail the
    power of the court to review the evidence and to come to its own
    conclusion.

    (4) An appellate court, however, must bear in mind that in case of
    acquittal, there is double presumption in favour of the accused.

    Firstly, the presumption of innocence is available to him under
    the fundamental principle of criminal jurisprudence that every
    person shall be presumed to be innocent unless he is proved
    guilty by a competent court of law. Secondly, the accused having
    secured his acquittal, the presumption of his innocence is further
    reinforced, reaffirmed and strengthened by the trial court.

    (5) If two reasonable conclusions are possible on the basis of the
    evidence on record, the appellate court should not disturb the
    finding of acquittal recorded by the trial court.

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    21. In Rajendra Prasad v. State of Bihar, a three-Judge Bench of
    this Court pointed out that it would be essential for the High
    Court, in an appeal against acquittal, to clearly indicate firm and
    weighty grounds from the record for discarding the reasons of the
    Trial Court in order to be able to reach a contrary conclusion of
    guilt of the accused. It was further observed that, in an appeal
    against acquittal, it would not be legally sufficient for the High
    Court to take a contrary view about the credibility of witnesses
    and it is absolutely imperative that the High Court convincingly
    finds it well-nigh impossible for the Trial Court to reject their
    testimony. This was identified as the quintessence of the
    jurisprudential aspect of criminal justice. Viewed in this light, the
    brusque approach of the High Court in dealing with the appeal,
    resulting in the conviction of Appellant Nos. 1 and 2, reversing
    the cogent and well-considered judgment of acquittal by the Trial
    Court giving them the benefit of doubt, cannot be sustained.”

    31. Considering the entire evidence on record, it clearly
    appears that there is no credible evidence to connect the
    present accused with the alleged crime and the evidence on
    record is not so convincing to prove beyond reasonable doubt
    that the accused has committed the alleged crime. Therefore,
    the accused cannot be convicted on the evidence on record.

    32. On perusal of the impugned judgment and order, it
    clearly transpires that the trial Court has not committed any
    error of fact and law in appreciating the evidence on record
    and in acquitting the accused from the charges levelled
    against them. Even on re-appreciation of the evidence, it
    clearly transpires that the prosecution has miserably failed to
    prove the charge levelled against the accused beyond
    reasonable doubt. Therefore, the impugned judgment and
    order of the trial Court is sustainable and the present appeal
    is liable to be dismissed.

    33. In view of the above, the present appeal is devoid of
    merits and it deserves to be dismissed. Resultantly, it is

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    dismissed. The impugned judgment and order of acquittal
    passed by the trial Court is hereby confirmed. Bail bond
    stands cancelled. Record and proceedings be sent back to the
    concerned Trial Court forthwith.

    Sd/-

    (HEMANT M. PRACHCHHAK,J)
    SURESH SOLANKI

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