State (Bses) vs Ravinder on 1 July, 2026

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    Delhi District Court

    State (Bses) vs Ravinder on 1 July, 2026

                     FIR No.791/2021                                        State (BSES YPL) vs Ravinder
    
    
                                    IN THE COURT OF SH. ASHISH RASTOGI
                                    ADDITIONAL SESSIONS JUDGE- 05
                                   EAST, KARKARDOOMA COURTS, DELHI
    
                                       In the matter of:-
    
                                       SC No.               718/2023
                                       FIR No.              791/2021
                                       Under Section        135 Electricity Act
                                       PS                   Shastri Park
    
                           State
    
                                                  versus
    
                           Ravinder
                           S/o late Sh. Bhagwat
                           R/o H.No.12, 2nd Pusta, Old Usmanpur,
                           Village, Delhi-110053.
    
                                                                                       .... Accused
    
                                       Date of institution             16.09.2023
                                       Arguments heard on              01.07.2026
                                       Judgment Pronounced on          01.07.2026
                                       Decision                        Convicted
    
                                                       JUDGMENT
    

    1. Accused Ravinder is facing trial upon the allegations that
    he indulged in theft of electricity and thereby, committed
    an offence punishable under Section 135 of Electricity Act
    2003 (hereinafter referred to as ‘the Act’).

    Brief Facts
    Digitally
    signed by
    ASHISH

    SPONSORED

    2. On 06.12.2021, at about 7.07 am, an inspection was
    ASHISH RASTOGI
    RASTOGI Date:

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    conducted by the inspection/Enforcement team of BSES
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    Yamuna Power Limited (hereinafter referred as
    complainant company) headed by Sh. Vipin Kumar
    Gautam (the then DGM of the complainant company) at
    the premises of accused at i.e. H.No.12, 1st Floor, Village
    Usmanpur, Delhi-110053.

    3. At the time of inspection, no electricity meter was found
    installed at the premises of accused and accused was found
    indulging in direct theft of electricity with the help of two
    core black colour wires which were further joined with
    yellow colour service cable which was found connected
    from BSES Pole No. YVR-J-081.

    4. At the time of inspection, Sarbati w/o late Sh. Bhagwat
    (mother of accused) was present at the spot and total
    connected load was found to be 4.00 KW which was being
    used for domestic purposes. Videographer Sh. Sandeep
    Verma captured the videography of inspection proceeding.
    Inspection documents i.e. Inspection Report, Load Report
    and Seizure Memo were prepared at the spot. Advisory
    notice was also issued to the accused.

    5. On the basis of connected load, applicable tariff and
    following the guidelines of DERC, the complainant
    company assessed the demand to the tune of Rs.64,422/-
    Accordingly, a theft bill was raised and sent to the accused
    but he did not make payment of the theft bill.

    On failure to pay the theft bill amount, complainant
    Digitally
    signed by
    ASHISH
    6.
    ASHISH RASTOGI
    RASTOGI Date:

    2026.07.01 company through its Authorized Officer filed the present
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    complaint U/s 135 Electricity Act.

    Notice

    7. On 03.05.2024, notice U/s 251 Cr.P.C for commission of
    offence punishable under Section 135 of the Act was given
    to accused. Accused did not plead guilty and claimed trial.

    Prosecution Evidence

    8. In order to substantiate its allegations, the prosecution
    examined following witnesses

    9. PW1 Sh. Vipin Kumar Gautam is DGM of the
    Complainant Company who was one of the members of
    the inspection team and was heading the inspection team.

    He proved the CD containing videography of the
    inspection proceedings as Ex.PW1/A, inspection report as
    Ex.PW1/B, load report as Ex.PW1/C and seizure memo as
    Ex.PW1/D. He also proved the advisory notice given to
    accused as Ex.PW1/E, impugned theft bill as Ex.PW1/F
    and complaint lodged by him as Ex.PW1/G. He also
    identified the case property i.e. two core black colour PVC
    wire having length of one feet as Ex.P1 colly.

    10. PW2 Sh. Sandeep Verma is the videographer who, on the

    instruction of team leader Sh. Vipin Kumar Gautam
    (DGM), captured videography of the inspection
    proceedings. He proved the video contained in the CD
    exhibited as Ex.PW1/A and Certificate U/s 65B of Indian
    Digitally
    signed by
    ASHISH
    Evidence Act as Ex.PW2/A.
    ASHISH RASTOGI
    RASTOGI Date:

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    11. PW3ASI Atul Singh (then HC) is the IO of the case, who

    proved the FIR as Ex.PW3/A, site plan as Ex.PW3/B,
    Notice U/s 41A Cr.P.C given to accused as Ex.PW3/C,
    interrogation report as ExPW3/D and notice U/s 91 Cr.P.C
    given to accused as Ex.PW3/E. He also proved copy of
    Aadhar Card of accused as Ex.PW3/F.

    Statement of Accused

    12.All incriminating evidence which has come on record,
    were put to the accused under Section 313 Cr.P.C. Accused
    denied all material allegations and stated that he is
    innocent and has been falsely implicated in this case. He
    has not committed any theft of electricity.

    Arguments

    13.Ld. Addl. PP submitted that accused was found indulged in
    direct theft of electricity and no electricity meter was
    found installed at his premises. Ld. Addl. PP further
    submitted that prosecution has proved allegations against
    the accused beyond reasonable doubt through the evidence
    of prosecution witnesses. He also emphasized that
    inspection was conducted as per Rules and applicable
    Regulations. Thus, it is prayed that accused may be
    convicted.

    14. On the other hand, Ld. Counsel for accused submitted that

    accused is innocent and he has been falsely implicated in

    Digitally
    this case. It is further submitted that accused has not
    signed by

    committed any theft of electricity as alleged by the
    ASHISH
    ASHISH RASTOGI
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    prosecution. It is also submitted that during pendency of
    trial, accused has settled the civil liability qua impugned
    theft bill and settlement amount has also been deposited by
    the accused.

    Analysis

    15. Before dealing with the factual aspects of the present case,

    it is deemed appropriate to firstly specify and discuss the
    relevant provisions of the Act which are required to be
    gone into for appropriate disposal of the case. The present
    case pertains to Sections 135 of the Act. The provision of
    Section 135 of the Electricity Act is reproduced as under:-

    Section 135 Theft of electricity – (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 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, or

    (d) uses electricity through a tampered meter; or

    (e) uses electricity for the purpose other than for
    which the usage of electricity was authorized,
    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:

    Digitally 16. There is a presumption mentioned in the third proviso of
    signed by
    ASHISH

    Section 135(1) of the Electricity Act, 2003 which reads as
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                                    follows:-
    

    “Provided also that if it is proved that any artificial
    means or means not authorised 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.”

    17.Dishonest intention has not been defined in Electricity Act.

    Section 24 IPC defines ‘dishonestly’ and holds that
    whoever does anything with the intention of causing
    wrongful gain to one person or wrongful loss to another
    person, is said to do that thing “dishonestly”.

    18.Allegations against the accused are about hooking illegal
    wire with main line of BSES Pole and connecting the same
    with inspected premises of the accused. Therefore, Section
    135(1)
    of the Act would be relevant and applicable. As
    mentioned, dishonest intention is primary ingredient to
    impute any culpability in this matter.

    19. Under Electricity Act‘ Regulations are framed by the Delhi

    Electricity Regularity Commission. Regulation 60 to 63
    deals with theft of electricity. Regulation 60 empowers
    authorized Officer to inspect premises. Under Regulation
    61
    Authorized Officer makes Inspection Report,
    Regulation 62 lays down procedure to report a case of theft
    and under Regulation 63 there is assessment of theft bill.

    20. Regulations 60-63 of DERC are as under:-

    Digitally
    signed by

    Theft of Electricity under Section 135 of the Act 60.
    ASHISH
    ASHISH RASTOGI
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    Inspections of the premises and electrical installations by
    Authorized officer: –

    (1) The Authorized officer shall promptly conduct
    inspection of any premises either suo-moto or on
    receipt of information regarding theft of electricity:
    (2) Provided that the Authorized officer may avail the
    assistance of employees of the Licensee for
    conducting inspection.

    (3) The Authorized officer shall carry his visiting card
    bearing his photograph and photo identity card issued
    under Regulation 55(3).

    (4) Photo ID shall be shown and visiting card bearing his
    photograph shall be handed over to the consumer or
    the occupier of the premises before entering the
    premises and take the acknowledgment.
    (5) he Authorized officer shall prepare an inspection
    report as per the provisions under these Regulations.

    61. Preparation of Report by Authorized officer: – (1)
    In the event of detection of theft of electricity, the
    Authorized officer shall prepare a detailed Report at
    site, in the manner as prescribed in the Commission’s
    Orders.

    (2) All the material evidences such as tampered meter,
    tampered meter seal and artificial means used for
    illegal abstraction of energy and the documentary
    evidences etc., which are relevant to the case and
    found during the inspection, shall be seized under a
    seizure memo and sealed in the presence of the
    consumer or his authorized representative and be kept
    as a proof along with photography and video recording
    of the premises.

    (3) A detailed description of the material seized,
    including date, time and place and name & address of
    witnesses to the seizure shall be recorded on the
    exterior of the cover and signatures of all witnesses
    shall be affixed on the sealing points: Provided that if
    the witness refuses to sign, the same shall be recorded
    in the report and captured in the videography.

    Digitally
    (4) The inspection Report shall be signed by the
    signed by
    ASHISH
    ASHISH RASTOGI
    Authorized officer and a copy of the same shall be
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    2026.07.01 handed over to the consumer or his representative at
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    the site immediately under proper acknowledgement.
    The other persons present at site may also sign the
    inspection report.

    (5) If consumer or his representative at site refuses to
    acknowledge and accept the copy of the report, a copy
    of the report shall be pasted at a conspicuous place in
    or outside the premises and photographed and/or video
    recorded. Another copy of the same report shall be
    sent to the consumer under Registered Post or Speed
    Post or electronically on the same day or on the next
    day of the inspection.

    (6) The inspection report shall form the basis for
    further action as per the provisions contained in
    Regulations.

    62. Procedure for prosecution for Theft of Electricity:

    -(1) The prosecution for theft of electricity under
    section 135 of the Act shall be initiated only in the
    cases where dishonest intention is evident from the
    relevant facts, records and other evidence of the case.

    (2) In case sufficient evidence is found to establish
    theft of electricity, the Authorized officer under sub-

    section (2) of Section 135 of the Act shall seize and
    seal all material evidence including wires/cables,
    meter, service line etc., from the premises under a
    seizure Memo.

    (3) The supply of the consumer shall be disconnected
    immediately on detection of theft only by such officer
    of the Licensee or supplier as authorised for the
    purpose by the Commission, under sub-section (1A)
    of Section 135 of the Act: Provided that such officer
    shall lodge a complaint in writing in Police Station
    having jurisdiction over the site of occurrence of the
    offence within twenty-four hours from time of such
    disconnection: Provided further that such officer shall
    also send to the consumer a copy of complaint lodged
    in Police Station, copy of speaking order under
    Regulation 64 along with a copy of videography of
    inspection within 2 (two) days of such disconnection.
    Digitally
    signed by
    ASHISH
    ASHISH
    RASTOGI
    RASTOGI
    Date:

    2026.07.01
    (4) No case for theft shall be booked only on account
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    of missing of the seals on the meter or on account of
    breakage of glass window of the meter, unless
    dishonest intention is corroborated by consumption
    pattern of consumer or any other evidence.

    (5) Interference with the accurate registration of
    energy consumed by resorting to external methods
    involving remote control, high voltage injection etc.,
    committed by the consumer or his employee or any
    other person acting on his behalf, shall also constitute
    theft of electricity which may be established by
    analysis of metering data and by testing of the meter in
    an accredited laboratory notified by the Commission
    or by the agency authorized by the Commission in this
    regard.

    63. Assessment Bill for theft of electricity: -(1) The
    Assessing officer shall assess the energy for theft of
    electricity as notified in the Appendix I to the
    Regulations.

    (2) The period of assessment for theft of electricity
    shall be for a period of 12 (twelve) months preceding
    the date of detection of theft of electricity or the exact
    period of theft if determined, whichever is less:

    Provided further that period of theft of electricity shall
    be assessed based on the following factors: –

    (i) actual period from the date of commencement of
    supply to the date of inspection;

    (ii) actual period from the date of replacement of
    component of metering system in which the evidence
    is detected to the date of inspection;

    (iii) actual period from the date of preceding checking
    of installation by authorized officer to date of
    inspection;

    (iv) data recorded in the energy meter memory
    wherever available;

    (v) based on the document being relied upon by the
    accused person.

    (3) The assessment bill shall be prepared on two times
    the rate as per applicable tariff.

    Digitally
    signed by

    (4) While making the assessment bill, the Licensee
    ASHISH
    ASHISH RASTOGI
    RASTOGI Date:

    shall give credit to the consumer for the electricity
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    units already paid by the consumer for the period of
    the assessment bill.

    5) The assessment order shall be served upon the
    consumer or the person in occupation or possession or
    in charge of the place or premises, as the case may be,
    within 7 (seven) days of disconnection of supply or
    within 2 (two) days from the date of receipt of request
    of such person, whichever is earlier.

    21. As per prosecution case, at the time of inspection, no

    electricity meter was found installed in the inspected
    premises and accused was indulged in direct theft of
    electricity.

    22. PW1 Sh. Vipin Kumar Gautam and PW3 Sh. Sandeep

    Verma (videographer) are the prime witness of this case
    being members of inspection team. PW1 corroborated the
    allegations made in the complaint ( Ex.PW1/G) and
    deposed that at the time of inspection, no electricity meter
    was found installed for inspected premises and the accused
    was found indulged in direct theft of electricity with the
    help of two core black colour wire which was found
    connected from BSES YPL yellow colour service cable at
    pole No.YVR-J-081. PW1 also deposed the said illegal
    wires were removed and seized at the spot vide seizure
    memo Ex.PW1/E. Accused has not rebutted these facts
    during cross-examination of PW1.

    23. PW1 further deposed that at the time of inspection, Sarbati

    Digitally W/o late Sh.Bhagwat (mother of accused) was present at
    signed by
    ASHISH
    ASHISH RASTOGI
    RASTOGI Date: the spot and total connected load was found to be 4.00 KW
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    Judgment 10 of 24
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    which was being used for domestic purposes. PW1 further
    deposed that load report was prepared at the spot vide load
    report Ex.PW1/C. Accused has neither disputed these facts
    nor the the load mentioned in the load report. All these fact
    were not rebutted or denied by the accused in the cross-
    examination of PW2. Rather inspection so conducted at
    the premises of the accused appears to have been admitted
    by the accused because Ld. Counsel has put a suggestion
    to PW1 that inspection premises does not belong to
    accused which fact has been denied by PW1. In reply to
    question put by Ld. Counsel, PW1 categorically stated that
    the black colour wire was connected from yellow service
    cable which was connected from pole. All these facts
    clearly indicate that accused was actively involved in the
    theft of electricity and the line of questions clearly points
    out to the fact that at least the inspection of premises was
    conducted and factum of inspection stands proved beyond
    doubt. In this connection, the observations of the Hon’ble
    Supreme Court given in the latest judgement of Balu
    Sudam Khalde & Ors. v. State of Maharashtra
    , 2023 INSC
    314 can be beneficially relied upon here. The Hon’ble
    Supreme Court in this case observed:

    31. In the course of hearing of this appeal, we also noticed
    something very important, going to the root of the matter.

    32.We noticed that in the cross-examination of the original
    first informant, PW 1 Asgar Shaikh (Exh.7), few suggestions
    were put to him by the defence counsel. We quote the
    relevant part of the cross-examination of the first informant:

    Digitally
    signed by “The attack on us was sudden. The first blow was hit
    ASHISH
    ASHISH RASTOGI on my head. I was assaulted severely on the head. Due
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        FIR No.791/2021                                              State (BSES YPL) vs Ravinder
    
    
    

    to assault, I suffered a bleeding injury. It is not true that
    I felt giddy due to assault. Yes I however suffered pain.
    At that time, I did not feel that I should save my life. I
    did not feel that I should run away or I should try to
    hide myself. I went towards the side of Lohiya Nagar
    Police Chowkey. I did feel that I was being assaulted
    without any reason. Abbas was screaming while he was
    being assaulted. …”

    33.We are of the view from the aforesaid that the suggestions
    put by the defence counsel in the cross-examination of the
    eyewitnesses establishes the presence of PW1 Asgar Shaikh
    at the scene of offence and the factum of assault could also be
    said to have been admitted. The reply to the suggestions
    answers the submission canvassed by the learned counsel for
    the appellants that PW1 Asgar Shaikh should not be believed
    or relied upon as there is nothing on record to indicate that he
    was an injured eyewitness. The defence could be said to have
    admitted the presence of PW Asgar Shaikh. When the
    aforesaid part of the cross-examination of PW1 Asgar Shaikh
    was brought to the notice of the defence counsel, he
    submitted that a suggestion put by defence counsel to a
    witness in his cross-examination has no evidentiary value and
    even if the same is incriminating in any manner would not
    bind the accused as the defence counsel has no implied
    authority to admit the guilt of the facts incriminating the
    accused.

    34.According to the learned counsel such suggestions could
    be a part of the defence strategy to impeach the credibility of
    the witness. The proof of guilt required of the prosecution
    does not depend on the satisfaction made to a witness.

    35. In Tarun Bora alias Alok Hazarika v. State of Assam
    reported in 2002 Cri.
    LJ 4076, a three Judge Bench of this
    Court was dealing with an appeal against the order passed by
    the Designated Court, Guwahati, in TADA Sessions case
    wherein the appellant was convicted under Section 365 of the
    IPC read with Section 3(1) and 3(5) of the Terrorists and
    Disruptive Activities (Prevention) Act, 1987.

    36.In the aforesaid case, this Court, while considering the
    evidence on record took note of a suggestion which was put
    to one of the witnesses and considering the reply given by the
    witness to the suggestion put by the accused, arrived at the
    Digitally
    conclusion that the presence of the accused was admitted. We
    signed by
    ASHISH
    ASHISH RASTOGI
    quote with profit the following observations made by this
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    Court in paragraphs 15, 16 and 17 reply as under:

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    “15. The witness further stated that during the assault,
    the assailant accused him of giving information to the
    army about the United Liberation Front of Assam
    (ULFA). He further stated that on the third night he was
    carried away blind-folded on a bicycle to a different
    place and when his eyes were unfolded, he could see
    his younger brother-Kumud Kakati (P.W.-2) and his
    wife Smt. Prema Kakati (P.W.-3). The place was
    Duliapather, which is about 6-7 kms. away from his
    village Sakrahi. The witness identified the appellant-

    Tarun Bora and stated that it is he who took him in an
    ambassador car from the residence of Nandeswar Bora
    on the date of the incident.

    16. In cross-examination the witness stated as under:

    “Accused-Tarun Boradid not blind my eyes nor he
    assaulted me.”

    17. This part of cross-examination is suggestive of the
    presence of accused-Tarun Bora in the whole episode.
    This will clearly suggest the presence of the accused-
    Tarun Bora as admitted. The only denial is the accused
    did not participate in blind-folding the eyes of the
    witness nor assaulted him.”

    37 In Rakesh Kumar alias Babli v. State of Haryana reported
    in (1987) 2 SCC 34, this Court was dealing with an appeal
    against the judgment of the High Court affirming the order of
    the Sessions Judge whereby the appellant and three other
    persons were convicted under Section 302 read with Section
    34
    of the IPC. While re- appreciating the evidence on record,
    this Court noticed that in the cross-examination of the PW 4,
    Sube Singh, a suggestion was made with regard to the colour
    of the shirt worn by one of the accused persons at the time of
    the incident. This Court taking into consideration the nature
    of the suggestion put by the defence and the reply arrived at
    the conclusion that the presence of the accused namely
    Dharam Vir was established on the spot at the time of
    occurrence. We quote the following observations made by
    this Court in paragraphs 8 and 9 reply as under:

    “8. PW 3, Bhagat Singh, stated in his examination-in-
    chief that he had identified the accused at the time of
    occurrence. But curiously enough, he was not cross-
    examined as to how and in what manner he could
    identify the accused, as pointed out by the learned
    Digitally
    signed by
    Sessions Judge. No suggestion was also given to him
    that the place was dark and that it was not possible to
    ASHISH
    ASHISH RASTOGI
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    Judgment 13 of 24
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    identify the assailants of the deceased.

    9. In his cross-examination, PW 4, Sube Singh, stated
    that the accused Dharam Vir, was wearing a shirt of
    white colour. It was suggested to him on behalf of the
    accused that Dharam Vir was wearing a shirt of cream
    colour. In answer to that suggestion, PW 4 said: “It is
    not correct that Dharam Vir accused was wearing a shirt
    of cream colour and not a white colour at that time.”

    The learned Sessions Judge has rightly observed that the
    above suggestion at least proves the presence of accused
    Dharam Vir, on the spot at the time of occurrence.”

    38.Thus, from the above it is evident that the suggestion
    made by the defence counsel to a witness in the cross-
    examination if found to be incriminating in nature in any
    manner would definitely bind the accused and the accused
    cannot get away on the plea that his counsel had no implied
    authority to make suggestions in the nature of admissions
    against his client.

    39.Any concession or admission of a fact by a defence
    counsel would definitely be binding on his client, except the
    concession on the point of law. As a legal proposition we
    cannot agree with the submission canvassed on behalf of the
    appellants that an answer by a witness to a suggestion made
    by the defence counsel in the cross- examination does not
    deserve any value or utility if it incriminates the accused in
    any manner.

    40.It is a cardinal principle of criminal jurisprudence that the
    initial burden to establish the case against the accused beyond
    reasonable doubt rests on the prosecution. It is also an
    elementary principle of law that the prosecution has to prove
    its case on its own legs and cannot derive advantage or
    benefit from the weakness of the defence. We are not
    suggesting for a moment that if prosecution is unable to
    prove its case on its own legs then the Court can still convict
    an accused on the strength of the evidence in the form of
    reply to the suggestions made by the defence counsel to a
    witness. Take for instance, in the present case we have
    reached to the conclusion that the evidence of the three
    eyewitnesses inspires confidence and there is nothing in their
    evidence on the basis of which it could be said that they are
    unreliable witnesses. Having reached to such a conclusion, in
    Digitally our opinion, to fortify our view we can definitely look into
    signed by

    ASHISH
    ASHISH
    RASTOGI the suggestions made by the defence counsel to the
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    eyewitnesses, the reply to those establishing the presence of
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    Judgment 14 of 24
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    the accused persons as well as the eyewitnesses in the night
    hours. To put it in other words, suggestions by itself are not
    sufficient to hold the accused guilty if they are incriminating
    in any manner or are in the form of admission in the absence
    of any other reliable evidence on record. It is true that a
    suggestion has no evidentiary value but this proposition of
    law would not hold good at all times and in a given case
    during the course of cross-examination the defence counsel
    may put such a suggestion the answer to which may directly
    go against the accused and this is exactly what has happened
    in the present case.

    41.The principle of law that in a criminal case, a lawyer has
    no implied authority to make admissions against his client
    during the progress of the trial would hold good only in cases
    where dispensation of proof by the prosecution is not
    permissible in law. For example, it is obligatory on the part of
    the prosecution to prove the post mortem report by
    examining the doctor. The accused cannot admit the contents
    of the post mortem report thereby absolving the prosecution
    from its duty to prove the contents of the same in accordance
    with law by examining the doctor. This is so because if the
    evidence per se is inadmissible in law then a defence counsel
    has no authority to make it admissible with his consent.

    42.Therefore, we are of the opinion that suggestions made to
    the witness by the defence counsel and the reply to such
    suggestions would definitely form part of the evidence and
    can be relied upon by the Court along with other evidence on
    record to determine the guilt of the accused.

    43.The main object of cross-examination is to find out the
    truth on record and to help the Court in knowing the truth of
    the case. It is a matter of common experience that many a
    times the defence lawyers themselves get the discrepancies
    clarified arising during the cross-examination in one
    paragraph and getting themselves contradicted in the other
    paragraph. The line of cross-examination is always on the
    basis of the defence which the counsel would keep in mind to
    defend the accused. At this stage, we may quote with profit
    the observations made by a Division Bench of the Madhya
    Pradesh High Court in the case of Govind s/o Soneram v.
    State of M.P.
    reported in 2005 Cri.LJ 1244. The Bench
    observed in paragraph 27 as under:

    “27. The main object of cross-examination is to find out
    Digitally the truth and detection of falsehood in human testimony.
    signed by
    ASHISH
    ASHISH RASTOGI It is designed either to destroy or weaken the force of
    RASTOGI Date:

    2026.07.01
    15:59:54
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    Judgment 15 of 24
    FIR No.791/2021 State (BSES YPL) vs Ravinder

    evidence a witness has already given in person or elicit
    something in favour of the party which he has not stated
    or to discredit him by showing from his past history and
    present demeanour that he is unworthy of credit. It
    should be remembered that cross-examination is a duty,
    a lawyer owes to his clients and is not a matter of great
    personal glory and fame. It should always be
    remembered that justice must not be defeated by
    improper cross-examination. A lawyer owes a duty to
    himself that it is the most difficult art. However, he may
    fail in the result but fairness is one of the great elements
    of advocacy. Talents and genius are not aimed at self-
    glorification but it should be to establish truth, to detect
    falsehood, to uphold right and just and to expose
    wrongdoings of a dishonest witness. It is the most
    efficacious test to discover the truth. Cross-examination
    exposes bias, detects falsehood and shows mental and
    moral condition of the witnesses and whether a witness
    is actuated by proper motive or whether he is actuated
    by enmity towards his adversaries. Cross-examination is
    commonly esteemed the severest test of an advocate’s
    skill and perhaps it demands beyond any other of his
    duties exercise of his ingenuity. There is a great
    difficulty in conducting cross-examination with
    creditable skill. It is undoubtedly a great intellectual
    effort. Sometimes cross-examination assumes
    unnecessary length, the Court has power to control the
    cross- examination in such cases. (See Wrottescey on
    cross-examination of witnesses). The Court must also
    ensure that cross-examination is not made a means of
    harassment or causing humiliation to the victim of
    crime [See State of Punjab v. Gurmit Singh, 1996 SCC
    (Cri) 316].”

    44.During the course of cross-examination with a view to
    discredit the witness or to establish the defence on
    preponderance of probabilities suggestions are hurled on the
    witness but if such suggestions, the answer to those
    incriminate the accused in any manner then the same would
    definitely be binding and could be taken into consideration
    along with other evidence on record in support of the same.

    45.However, it would all depend upon the nature of the
    suggestions and with what idea in mind such suggestions are
    made to the witness. Take for instance in case of a charge of
    rape under Section 376 of the Indian Penal Code, the
    Digitally
    statement of the accused contained plain denial and a plea of
    false implication, a subsequent suggestion by the defence
    signed by
    ASHISH
    ASHISH RASTOGI
    RASTOGI Date:

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    16:00:01
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    Judgment 16 of 24
    FIR No.791/2021 State (BSES YPL) vs Ravinder

    lawyer to the prosecutrix about consent on her part would
    not, by itself, amount to admission of guilt on behalf of the
    accused. In cases of rape, it is permissible for the accused to
    take more than one defence. In such type of cases a
    suggestion thrown by the defence counsel to a prosecution
    witness would not amount to an admission on the part of the
    accused. At the same time, if the defence in the cross
    examination of the prosecutrix, with a view to support their
    alternative case of consent procure answers to the questions
    in the form of suggestions implicating the accused for the
    offence of rape then such suggestions would definitely lend
    assurance to the prosecution case and the Court would be
    well justified in considering the same. We may give one more
    example of a case where the accused would plead right of a
    private defence. Such a defence is always available to the
    accused but although if such a defence is not taken
    specifically during the course of trial yet if the evidence on
    record suggests that the accused had inflicted injuries on the
    deceased in exercise of his right of private defence then the
    Court can definitely take into consideration such defence in
    determining the guilt of the accused. However, if a specific
    question is put to a witness by way of a suggestion indicative
    of exercise of right of private defence then the Court would
    well be justified in taking into consideration such suggestion
    and if the presence of the accused is established the same
    would definitely be admissible in evidence.

    24. PW1 further deposed that at the time of inspection,
    connected load was assessed as 4.000 KW and necessary
    videography of the inspection proceedings was done by
    PW2 Sh. Sandeep Verma. PW1 and PW2 were duly cross-

    examined by Ld. Counsel for accused was unable to bring
    out any contradiction in their testimony. Videography of
    the inspection proceedings also appears to have been
    admitted by the accused because accused has neither
    denied the content of videography nor its authenticity and
    simply a suggestion was put that videography is false and
    fabricated one and it was not captured at any point of time
    Digitally

    ASHISH
    signed by
    ASHISH
    RASTOGI
    of the inspection.

    RASTOGI Date:

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    16:00:05
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    Judgment 17 of 24
    FIR No.791/2021 State (BSES YPL) vs Ravinder

    25. In his evidence, PW1 further deposed that the illegal wires

    were removed and seized at the spot. During evidence
    before the court, the case property i.e. two core black
    colour PVC wires having length of one feet each were
    produced and shown to PW1 who has correctly identified
    the same as the same wires which were removed and
    seized at the spot vide seizure memo Ex.PW1/D. Accused
    has not disputed/rebutted this fact. The theft of electricity
    by the accused has been videographed by PW2 and the
    video clearly demonstrate the mode and manner of theft of
    electricity being committed by the accused.

    26. Accused could not specifically bring fourth anything in the

    cross-examination which could successfully rebut the
    preparation of inspection report as well as load report and
    their contents. Accused has simply put suggestion that the
    videography is false and fabricated one and that accused
    never indulged in theft of electricity and that accused has
    been falsely implicated in this case which facts have been
    denied by PW1. Nothing contradictory emerged in the
    testimony of prosecution witnesses during cross-

    examination and the testimony of witnesses has been
    consistent and thus, the factum of inspection, preparation
    of inspection documents and videography of inspection
    proceedings done by videographer stands proved.

    27.It is further submitted by Ld. Counsel for accused that
    Digitally
    signed by
    prosecution case is highly doubtful as no public witness
    ASHISH
    ASHISH RASTOGI
    RASTOGI Date:

    2026.07.01
    16:00:09
    was joined during the inspection of the premises. It is clear
    +0530

    Judgment 18 of 24
    FIR No.791/2021 State (BSES YPL) vs Ravinder

    from the testimony of prosecution witnesses that the
    accused was found indulged in direct theft of electricity
    through illegal wires and these facts have been well proved
    by PW1.

    28. During evidence, CD (Ex.PW1/A) containing inspection

    proceedings was played before the court which depicted
    the manner in which the accused was found indulged in
    direct theft of electricity through illegal wire. Furthermore,
    it is admitted position of fact that there was no electricity
    meter found installed in the inspected premises at the time
    of inspection.

    29. Nothing has been brought on record to indicate that
    officials of complainant company had any animosity with
    the accused and therefore, under these circumstances, non-
    joining of public witness does not affect the authenticity of
    the prosecution case. In this regard, this Court is supported
    with the case law reported as ‘Punjab State Electricity Board
    & Ors vs Ashwani Kumar
    , 2010 (7) SCC 569′. In this case,
    the Hon’ble Supreme Court has made the following
    observations:

    “…..The report prepared by the officers of the
    Electricity Board is an act done in discharge of their
    duties and could not be straightway reflected or
    disbelieved unless and until there was definite and
    cogent material on record to arrive at such a finding.
    The inspection report is a document prepared in
    exercise of his official duty by the officers of the
    corporation. Once an act is done in accordance with
    law, the presumption is in favour of such act or
    Digitally
    signed by
    ASHISH
    document and not against the same. Thus there was
    ASHISH RASTOGI
    RASTOGI Date:

    2026.07.01
    specific onus upon the consumer to rebut by leading
    16:00:12
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    Judgment 19 of 24
    FIR No.791/2021 State (BSES YPL) vs Ravinder

    proper and cogent evidence that the report prepared by
    the officers was not correct.”

    30. In the case titled as ‘ Sushil Sharma vs BSES Rajdhani Power

    Ltd.‘ in Crl. Appeal No.1060/10 decided on 22.12.2010,
    the Hon’ble Delhi High Court has held that non-
    examination of independent/public witness imparts no
    infirmity as the members of the inspection team who
    deposed in the court, were having no enmity against the
    appellant and their testimonies are trustworthy. In the
    present case also, there is no material to show that the
    BSES officials who inspected the premises of the accused
    were inimical to the accused.

    31. In addition, nothing incriminating has come on record to

    show that the inspection was not conducted as per the
    procedure prescribed under the DERC Regulations
    pertaining to the theft of electricity. There is not even a
    suggestion in the cross examination of witnesses that there
    is any procedural lapse or impropriety and the guidelines
    as prescribed have not been followed.

    32. Once the prosecution successfully establishes the charges

    against the accused regarding theft of electricity then in
    view of the statutory presumption mentioned in the third
    proviso of section 135 (1) of the Act it is to be presumed
    that accused has committed direct theft of electricity if
    accused fails to bring some evidence on record to rebut the
    presumption. Thus, in view of the proviso of section 135
    Digitally
    signed by
    ASHISH (1) of the Act, after the prosecution establishes the charges
    ASHISH RASTOGI
    RASTOGI Date:

    2026.07.01
    16:00:20
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    Judgment 20 of 24
    FIR No.791/2021 State (BSES YPL) vs Ravinder

    of electricity theft against the accused then under the
    aforesaid provisions of law, the accused is legally bound to
    bring some material on record to rebut the statutory
    presumption.

    33. Coming to the Presumption as envisaged U/s 135 of
    Electricity Act, it is to be noted that it uses the word “shall
    presume”. Regarding the purport of the said expression, it
    has been observed by the Hon’ble Supreme Court in
    Neeraj Dutt Vs. State, SLP(Crl.) No. 6497/2020 as under: –

    “………Courts are authorized to draw a particular
    inference from a particular fact, unless and until the
    truth of such inference is disproved by other facts.
    The court can, under Section 4 of the Evidence Act,
    raise a presumption for purposes of proof of a fact.
    It is well settled that a presumption is not in itself
    evidence but only makes a prima facie case for a
    party for whose benefit it exists. As per English
    Law, there are three categories of presumptions,
    namely, (i) presumptions of fact or natural
    presumption; (ii) presumption of law (rebuttable and
    irrebuttable); and (iii) mixed presumptions i.e.,
    “presumptions of mixed law and fact” or
    “presumptions of fact recognized by law”. The
    expression “may presume” and “shall presume” in
    Section 4 of the Evidence Act are also categories of
    presumptions. Factual presumptions or discretionary
    presumptions come under the division of “may
    presume” while legal presumptions or compulsory
    presumptions come under the division of “shall
    presume”.

    “May presume” leaves it to the discretion of the
    court to make the presumption according to the
    circumstances of the case but “shall presume” leaves
    no option with the court, and it is bound to presume
    the fact as proved until evidence is given to disprove
    it, for instance, the genuineness of a document
    purporting to be the Gazette of India. The
    Digitally
    signed byexpression “shall presume” is found in Sections 79,
    80, 81, 83, 85, 89 and 105 of the Evidence Act.”

    ASHISH
    ASHISH RASTOGI
    RASTOGI Date:

    2026.07.01
    16:00:23
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    Judgment 21 of 24
    FIR No.791/2021 State (BSES YPL) vs Ravinder

    34. Hon’ble Supreme Court, in case reported as ‘2001 (6) SCC

    16 titled as Hiten P. Dalal vs Bratindranath Banerjee ‘, has
    laid down the law related to the rebuttal of statutory
    presumption. Relevant portion of the para no.16 is
    reproduced as under:-

    “…Therefore, the rebuttal does not have to be
    conclusively established but such evidence must be
    adduced before the court in support of the defence
    that the Court must either believe the defence to exist
    or consider its existence to be reasonably probable,
    the standard or reasonability being that of the
    ‘prudent man’.”

    35. In view of the settled law, now it is to be seen if the

    accused has taken any defence to rebut the aforesaid
    statutory presumption. Accused did not lead any defence
    evidence nor he has brought anything on record which
    could suggest that accused was drawing electricity through
    authorized means or electricity meter. Moreover, it is
    admitted position of fact that there was no electricity meter
    for inspected premises. As per load report, certain electric
    appliances were found in the inspected premises and
    accused has not explained as to from where he was
    drawing electricity to run those appliances. Also, it is not
    the case of the accused that there was any Genset and he
    was drawing energy from the same. In addition, there is
    not even an iota of evidence to suggest that the premises
    appearing in videography does not belong to the accused.

    36. Furthermore, it is clear from the evidence of PW2 that in

    regard to the electricity theft, the complainant company
    Digitally
    signed by
    ASHISH
    ASHISH RASTOGI
    RASTOGI Date:

    had raised a bill of Rs.64422/- (Ex.PW2/F) against the
    2026.07.01
    16:00:28
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    Judgment 22 of 24
    FIR No.791/2021 State (BSES YPL) vs Ravinder

    accused and during the course of trial, accused settled the
    civil liability qua the impugned theft bill and has also
    deposited the settlement amount with the office of the
    complainant company. In case, the officials of the
    complainant company would not have carried out the
    inspection as deposed by prosecution witnesses and
    complainant company would have raised a false and
    baseless claim by way of theft bill (Ex.PW1/F), then
    instead of going for settlement, accused would have raised
    his protest and would have initiated appropriate
    proceedings against complainant company for raising a
    false claim against him. This conduct of the accused also
    fortifies the allegations of the direct theft of electricity
    against him.

    37. Notwithstanding, if the accused was not indulged in direct

    theft of electricity or he was using the electricity through
    legal sources then the easiest way to rebut the statutory
    presumption for the accused was to prove on record that at
    the time of inspection, he was drawing electricity through
    his own electricity meter. However, accused has not
    brought anything on record to disprove the allegations
    brought on record by the prosecution. In view of these
    discussions, it is held that accused has failed to rebut the
    statutory presumption.

    38. In this regard, this court is supported by the judgment of

    Hon’ble High Court of Delhi reported as Mukesh Rastogi
    Digitally

    vs North Delhi Power Limited’ 2007 (99) DRJ108. The
    signed by
    ASHISH
    ASHISH RASTOGI
    RASTOGI Date:

    2026.07.01
    16:00:31
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    Judgment 23 of 24
    FIR No.791/2021 State (BSES YPL) vs Ravinder

    observations made by Hon’ble High Court of Delhi are
    reproduced as under:-

    “….6. The contention of the appellant is that electricity
    supply was going through meter. Had the electricity
    been going to the appellant’s premises through meter,
    the easiest way to prove it was by producing the
    electricity bills paid by the appellant to the complainant
    company. The very fact that the appellant did not prove
    a single bill showing payment of electricity charges
    fortifies the plea of the complainant company that
    electricity was being used by the appellant directly
    from LT Main by committing theft. Paid electricity
    bills would have been the best evidence to show that
    the appellant was using electricity through mere. Under
    section 106 of the Evidence Act, the onus was on the
    appellant to produce and prove such bills paid for the
    use of electricity. However, this was not even the case
    of the appellant either before trial court or in appeal
    that he had been using electricity through meter and
    had been paying bills of electricity as per meter. The
    appellant had only taken the stand that inspection was
    not valid inspection and the photographs were not
    proved properly”.

    39. In view of aforesaid discussions, it is held that the
    prosecution has proved its case beyond reasonable doubt
    that no electricity meter was available at the premises of
    the accused at the time of inspection and accused Ravinder
    who was found indulging in direct theft of electricity
    through illegal wire, which is an offence punishable U/s
    135 of the Electricity Act, 2003. Consequently, accused
    Ravinder is convicted U/s 135 of the Electricity Act, 2003.

    Let convict be heard on quantum of sentence.
    Announced in the Open Court on 01.07.2026.

    (Ashish Rastogi)
    Digitally
    signed by
    Addl. Sessions Judge-05 (Electricity)
    ASHISH
    ASHISH RASTOGI
    RASTOGI Date:

    East/Karkardooma Courts/Delhi
    2026.07.01
    16:00:36
    +0530

    Judgment 24 of 24



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