State Of Karnataka vs Sanjay Prasad @ Sanjan Kumar on 5 July, 2010

[Cites 4, Cited by 1]

Karnataka High Court

State Of Karnataka vs Sanjay Prasad @ Sanjan Kumar on 5 July, 2010

Bench: N.Ananda

IN THE HIGH COURT OF KARNA"{AE(A, B}3.NGALO_.RE

DATED "mrs THE 5"' DAY 0:: JULY 20191"'~['ff--«__f_'

BEFORE

THE H£)N'BLE MR.JusTIcE~N.'AN_A':§DA--'1.»4   

CRIMINAL APPEAL r4oL':12":'{2;'2c$a33"    

BETWEEN:

STATE OF KARNATAKA
BY K.E.8. VIGILANCE
POLICE STAYION,
BANGALORE CITY. ..  2   
 _  ,§';'v,}i\PPELLANT

(BY SRI:VIJAY?__i('U§%m'_R ;§&--AJiACLE, 
AND: . . ._._ . . ..

1. SANJVAY PRASAD  . _
SANJAN --a<'u:v1A::;;-.._ '   
AGED ABDUT 26Y._EARS,  
No.46, D_s1"R£E'":",   
NEW GUDI3~ADAHALLI, 
MYf5OR.E ROA'I)_._

   H  ..... 

"<;2; :.GU:zu'P_R~AsvA'D,._

 s.,;'-D DIV.YA RAD,
'AGED AF-Q:UT,1'37 YEARS,
NE.)4.12/~AA._S.YNDICATE COLONY,
MAGADI ROAD,

 BANc;A_LioRE.  RESPONDENTS

'(«jf3'a'.Sﬁ'I:B.SHIVAMAL!..APPA, ADV. FOR R1, _ Asm.G.N.vENuGopAL, ADV. FOR R2) CRLA FILED U/S 378(1) AND (3) CR.P.C. PRAYING TO GRANT LEAVE To FILE AN APPEAL AGAINST THE JUDGMENT DATED 03.03.2003 PASSED BY THE x ADDL. CITY S.J. BANGALORE IN spL.cc.:\a0.2o6/20.02, ACQUITTING THE RESPONDENTS « ACCUSED FO,Ri~-Tl-{E OFFENCES P/U/$.39, 39~A, 44 or INDIAN ELECTRICITY~.. ACT, 19m AND 56(2), 138 (A)(B) or mom»: El.;'E'Ci.'?§Z)1"~C.I'i'\f_V RULES, 1956 R/W SEC.34 OF IPC.

CRL.A IS comma; on FOR HE_A".R§.NG, ,'19't¥i'is3i:;.A3r COURT MADE mg FOLLOWING: .v J uosmenr it The State has preferredv.:t'itis the judgment and acquittalof resg;o'atd_enl:'s.._j. a:id"2t (teigccused Nos.1 and 2) for offence Sections 39, 39A, 44 of Indian Eie"¢t'rit4'it§_" and 56(2), 138(A)(B) er, i2e'ie§;,"""19s5 read with Section :34 of it

2. Ili:,brief,'._th'e. case of prosecution is as follows:

accus'ét';«..._l_Sé.o..'1 being the owner of a Plastic:

A"v__F.t~2ctto{y .,situated_ at No.45, Hosaguddadahalli, Mysore l§o=ad,.__B;§'n§aloi*e'"Vwas the registered consumer of meter _eeari"e.g rm' h!o.W3P 323. Accused No.1 with the help of '4"'«.2:i.'c:<;ti,sed 925.2 got inserted a plastic strig inside the meter _t(;--.,s't~ooz=/retard the rotation of disc and thereby committed dtljeétheft of electricity vaiued at Rs.1,38,0{}ﬁ/. , W

3. Accused pleaded not guilty. on behalf ofthe prosecution, PWs.1 to 10 were examined and V, as per Exs.P:l. to 9 were marked, so also Mos.i.__tov 4.. learned Trial Eudge on ap;3reciatio'r§"'o'f«the e_viden_ce'h'asx"= held that the prosecution has failled iitioi"ibriiingyA'i«;ome' guilt of accused and acquittedfihe accused,~_Tl§e'r'efore, the State is before this Court.

4. I have High Court Government Plea:c;le._;_ v'ta§kven through the evidence the prosecution and Before adverting to a;3preciation':__of._ necessary to refer to Sections 39 anti. $911 of Act, which read thus:

. ..__TheftHWof energy. --~ Whoever W.yidishonestlyi"a£§s'tracts, consumes or uses any e:1:e.rc;yVVsha'_'l-|._ beigvaunishable with imgrisonment for term .iril§ich may extend to three years, '',or witl~._fi':ne which shall not be less than one 'ifthousand rupees, or with both; and if it is i' , iprorved that any artificial means or means not authorised by the licensee exist for the abstraction, consumption or use of energy by the consumer, it shall be presumed, until the contrary is proved that any abstractiong. consumption or use of energy has dishonestly caused by such consumer.

39.11.. Abetment. -~ \hlh»oe'v'er 'a_bets.:_'VanVV._:"' offence punishable under i'Se:r,ti'i:§n .,_o;¢ "

Section 44 shall, notuirét.hstand,ing Va:1'fjt§E{ing VV contained in Section 116u"i'o:f'l»the Ine£iai'r2-i1>en§:Il Code (45 of 1.--360),,-"i.:.e"_'=p'unisheé3*--..with punishment provided for th_evvo'ffence._"

5. From}-hve rea'ding:"of 'staid sections, it is clear that. bring iicoimewthe guilt framed against the accessed," erelsec~-iiitionifhas to establish that accused: No.11 i'i}i¢as.VV_t:ia.e 'r.e"gister_ed consumer and accused No.2 hacl"a_bettedi._the"coifmriisision of aforestiateci offences by accused inserting a plastic strip beneath the JV"meter{'to'-i,stop/retard'the rotation of disc to avoid the ":re{:o:r'diAn'g.»_ of"coVn's.umption of electric power. V.__v"!J.nder Section 2(c) wherein consumer is tiefined reads as hereunder:

"2(c) "consumer" means any person who is supplied with energy by a licensee or the Government or by any other person engaged in the business of suppiying energy to the pubilc under this Act or any other tam; for the time being in force, and inciutiesgV.a_ri'y'.:'*-<7 person whose premises are For the time.§jeing:"v~.:'" 9"

connected for the purpose of receiving" ' with the works of a iiceznseegitheriGo\iarh'meVn~tgVv.__'"x or such other person, as the c'aseeh1'ay bie;__"' » _ , "

7. On carefui consi'c1teragtioni.

documentary evidence ,.--p..rodu&c-ed:"t3--y'Vi"t._he piirosecuﬂtion, I find that the prosecutionhas.__n;oi. accused No.1 was either premises in question. As 23.01.1999, that one K owner of the meter jinstaiéed in the premises in question'. " has produced iéease deed said to,haveu"been.7'e>tectited by one Syed Ibrahim in it9'favottr"Co€,.Aa.cc'uAsed ~'¢;1"¢n 25.04.1998. In the lease deed, "is reference to RR No.W3P~323. There is no evidence to""sj_how as to how the premises beionged to '£>ii£anna..c'a;ne to bepossessed by said Ibrahim. Neither 9' 'sraiAd'iP_ii|anna nor said Ibrahim was examined by the ..jpro--secLition. Therefore, the prosecution has failed to g\)_c> prove that accused No.1 was the registered consumer or occupant of premises in question.

8. PW1 - Ravindra Rae, has workshop of accused is situate near his worie:-:_jhop_.eq.:

Police conducted mahazar and heifffhas.

mahazar on the say of the police \!'.:i'A:§1V{') mahazar. PW1 has notfififiipporhteci V of prosecution. if f i V Even during cross"e:i<aArn.iynziytivoiﬁricyvhiﬁeyicience is not favourable to thetprosecution. V

9. cieposeé that in the year 1S§'S)8,._heviwas._imoyri~<ii_ng«.,a's-'JE, KEB W3 Sub Division, Magadi Roaci,»BangVaioi'e,""««.When he was in his office, he receixfetl telephoynevxcalvi from PW9 who asked him to go "'¢,.,,¢i~*~-- plastic Viiiifactory situate in 'D' Street, Therefore PW2 and a lineman -- Pw3 visiteci th.e"ﬁ:--reVn1ises in question by then, Pws.8 and 9 ..,4".were t'hveir':e. They requested PWZ to disconnect the fjsxsppiy, of electricity power. They found one plastic strip been inserted to the meter by the side of the meter.

disconnected the electric power. Thereafter, the 1"\: , -1*» "€~"~"{"' * vigilance police removed the meter, wrapped it a cloth around and sealed it. From the evidence of PW2,_l:'i'ts_li'5_ deer that the meter was not rotating as a had been inserted to obstruct the rotation of"d*ivscf... V . During his cross examinationl}'.he.A_h£a:s edrnittved at the relevant time neither the"o.wner"of tmiild-i_n§;__inoer the registered owner of meter was_"lp're_s'eint. 'T'i*:erAefVo7re, the evidence of PW2 does not iheAlp_th;e prosecution.

10. At: tvheil reieqentl't.i:n1g;«.,V.l?W3 1,.» tingappa was working as __a"E;'inén1a_n" Eiivisior. His evidence is almost si'n}i¥a'i=.__v"t<;§«:_;zrhe PWZ. Therefore, evidencevvpof the prosecution

11. l(,rils.h'nernurthy was working as AEE,

--MR?v_~"i'§!§ivvis'ion, B'a'n§__.i.Ha_lovre. He has deposed that on A"v__21.:(}'8.u19.98,p'himself, Lingaraju -- EE and Sequeira ~ AE el$'ta.n*a.i.nec!'V rnelter bearing Serial No.1406715, which V had i5.een~..'ser:t";to them and they noticed that one plastic it'"37F--s'Lt'r;.eVe_had=---ieeen inserted inside the left side of meter ethrough its base cover and main cover.

N_ k D/'.'\/"cl/Q, During his cross examination, he has adrr'ritted_..that it is not possible to open main cover and E3ase"=CfOverV without opening the seai. He has admitted . cover and base cover were tightly fastened't<:a--..the'i'metVer.i_i with screws. He has admitted ::tha{r..gwiti2o1ut"'of3'e'r!i'_ng;vrr screws and without making insertio'n_ to thr3.vi§a.se icoigeirl and the main cover no foreiginfoiizject ior.ga'rc€icle:';§can be inserted into meter tostoﬁp rotation of the disc (meter disc). He he had not tested the meter.

12. "viiasi'§vworking as EE, MRT Division,"'3aVn'gai.ore:;aVind:i:'P®6 witdﬁegueira was working as AE, MRT:"Di\iieioi:...iVifii'a':nga!iore:.:',.The evidence of i3Ws.S and 6 is similar Vtcjhve e\:iidAe.n'ce>'bof pw4. From theviieiridence of pwsia to 5, we find that the' ~s_e_i.:t for examination base cover and main coveriweregtiiogghtly fastened on the meter with screws and _. seal, butthe wire fixed around the meter was intact. '.Tfheydi2.ave admitted that no foreign object or article can ._ii.'beA"§nserted into the meter to stop or retard the rotation vhio"f"'disc without making insertions/holes on the main 1 ! i\-7.

xi \ \_ 1 cover and base cover. None of these witnesses,.__has deposed that there was no hole in the base cover =;iI"w cover of the meter.

14. PW? -- Sarala was wor3<iﬁg--~a.sA ;73e,_:K§*rcx_:, Sub Division, Magadi Road, Banga§cre;'--._iS'heihaAs'~:1epoa'ednV"

that as per the request of Spjér-%.P..-!L"(:K.«« A(.Vigilahc.e)":..§~;'h'errhad furnished the particulars of regi_ster.et%.._con.s'drrreAr meter bearing RR No.W3P 323 s:he:t»r;Via'§'--kj'e}§os_ea that as per records, one $ri.K.VrP--iw!£:annai. registered consumer of H :'i~:éi}::}5.:ns;"z:itaigaén the meter in question had _be--e_'n;.v_i.nstalled} s=-wé was working as AEE?

KEB (Vigilance), He has deposed that on 29.06.j1'99i8, he"h_a:d":gone to check the installation in the .;ﬁ)last'i'cVinidiustry and that one plastic strip had been "i'n__se.r_ate1o' meter through the gap in between base.__cover .an{£'imain cover on its left side. That: strip was h°'«,.u'o.l3structEn§j. the rotation of the disc, as a result, fl' . at -«V -is/W: L-

cionvsitiimption was not being recorded. _ .. . .. '\ 0 During his cross examination, he has ac¥mitted_.t__hat if the main cover and base cover are intact, possible to insert any object inside the admitted that it is not possible totipen the"'m:aVin"co'i.<erif without separating it from the base admitted that the main cover and b'a_se covtifiiigetdi tightly without leaving any Hirvith screws. He has also isirnlade loose or sealing wire is cut then in between base cover and _m-air:-_<:o\ff'er.' Thus, of We find that the base coxfeirmand:imaihi_eosie'r.:'of th.eWr'neter were intact. The base coxierl and. of the meter cannot be removed, WithoutVt2:_niper*§..r§iVg the seai and wire fastened

-=.3roUV"t'f.;,t'7.é. nieterf' _____ the investigating officer has deposeid thafﬁfliilthe voluntary statement cf accused No.2, he had ~go:;_1e to the plastic factory for inspection. He V' 2founnd"one plastic strip had been inserted inside the meter ..fi.n"'--beti~een base cover and main cover and it had

-«i.4:ob'structed the rotation of the disc. (O. C ,-1 _ C;/\_~..~C{, .

17. PW10 -- Venkataraju was working as a cooisie. He has deposed that he had attested the He has not supported the case of prosecution."'«.__j

18. Thus, on overaii appreiciatioént I find that the prosecution has' noti"';}_ro--ved was the registered consumer_'t~of the an-eter'.§ which according to the pro5e'¢s4tion"i'h'ati.:':'i3e'e-néptarnpiereci $5. From the evidence of piroseciuptiijosi, that base cover and main cover vviintact, so also, the screw we main cover and base co\p.(er_o}'i..t'he1.:;:n1etejr.:had--:not.}been tampered. The witnesses have admitted that no foreign oibjeéct. be inserted into the meterfto _obstruct"theirotation of disc without making h~oie"or iinseiirfjion in the main cover or base cover or iwithéoiiitt rehfioxii*n_§_:..the base over and main cover. overali appreciation of evidence, I hold .4"'----t:ha.tV.t_he prosecution has faiied to bring home: the guiit of _aL'cVuse.d. The prosecution has not estahiished the basic ..in_g_redients of the offence such as accused No.1 E s the //J \ & i>\J_,\ _ cL~.../~ .

N~ registered consumer or occupant of the premises in questéon and that he had tampered wéth the taking the heip of accused N032: Therefore, {die ~ any grounds to énterfere with t§1eMiMn*:pugn'¥e"o7"

Accordingly, the appeal is dismissed. f *b9n/~ . t _~u-"-

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