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1. The prosecution was set into motion in the present case on the basis of statement of the complainant i.e. Sh. Attar Singh recorded on 24.11.2007. In his statement the complainant had alleged that he was running a grocery shop and at about 7.30 PM two boys came to his shop who were having with them some instrument for checking the electric meter. It is further alleged by the complainant that those boys told him that they were from NDPL and had come to check the electric meter. It is further alleged by the complainant that he had two electric connection i.e. one for the shop and other for his house. It is further alleged that those persons checked both the meters and had broken the seal of the meter of the shop. It is further alleged that the accused persons asked for a sum of Rs. 200/­ otherwise a complaint to this effect will be made against the complainant. It is further alleged that he asked them to show the complaint as well as their I Card but they failed to show the same. It is further alleged that on suspicion complainant apprehended both of them and called up at 100 number as a result of which police arrived at the spot and thereafter both the accused 530/2007­Adarsh Nagar page2/ persons were handed over to the police. On the basis of the said statement present case was registered and investigation was carried out.

7. I have heard Ld APP for State as well as accused persons and have also carefully gone through the file.

8. PW1 SI Azad Singh merely deposed regarding registration of the FIR in the present case and proved the FIR which is Ex. PW1/A.

9. PW2 Sh. Attar Singh i.e. the complainant deposed that on 24.11.07 at about 7.30 PM he was present in his house and some construction work was going on at the ground floor. He further stated that two persons came to his shop with electric apparatus for checking the electric meter. He further stated that those persons introduced themselves to be from NDPL. He further stated that he was having two electric meters, one for the shop and other for his house. He further stated that those persons broke the seal of the meter of the shop and claimed a sum of Rs. 200/­ from him otherwise they threatened to lodge a complaint against him. He further stated that thereafter he asked them to show the complaint 530/2007­Adarsh Nagar page4/ as well as the I Card but they failed to show the same. He further stated that on suspicion he called 2­3 nearby shopkeepers and apprehended those two persons who told their name as Hariom and Balram. PW2 correctly identified the accused persons in court. He further stated that he called up the police and his statement was recorded by the police. He further stated that he also handed over the electricity bills for the month of April '00 of both the meters to the police. He further stated that police took into possession the meter checking apparatus from the accused persons and site plan was prepared at his instance which is Ex. PW2/C. He further stated that disclosure statement of both the accused persons was recorded and thereafter accused persons were arrested and their personal search was also conducted. PW2 identified the case property i.e. meter checking instrument as well as a tester which is Ex. P1 and P2 respectively.

13. IN order to prove the essential ingredients of the aforesaid offences, prosecution produced and examined three 530/2007­Adarsh Nagar page7/ witnesses in support of its case. The testimony of PW1 is of formal nature. The testimony of PW2 and PW3 is very material one.

14. PW2 is the complainant in the present case. The prosecution was set into motion on the basis of the statement of PW2 made to the police. PW2 supported the prosecution case in his testimony recorded in court. PW2 reiterated all the facts in court. PW2 was not cross examined by or on behalf of accused persons. The testimony of PW2 had remained unchallanged and unrebutted. PW2 in his testimony recorded in court categorically deposed that the accused persons introduced themselves to be NDPL officials and asked him to allow them to check the electricity meter. The accused persons even checked the electricity meter of the complainant and also demanded a sum of Rs. 200/­ from him. PW2 apprehended the accused persons at the spot itself. PW2 correctly identified the accused persons in court. PW2 also identified the case property in court. PW2 also proved various documents prepared in his presence during the investigation of the present case. The statement of complainant is Ex. PW2/A. The seizure memo of the apparatus seized from accused persons is Ex.

530/2007­Adarsh Nagar page8/ PW2/B. The site plan is Ex. PW2/C. The arrest memo of accused persons are Ex. PW2/F and Ex. PW2/G and their personal search memo are Ex. PW2/H and Ex. PW2/J. The meter checking apparatus seized from accused persons is Ex. P1 and the tester is Ex. P2. The testimony of PW2 is clear, consistent and inspires confidence. There is no other reason to disbelieve the unchallanged and unrebutted testimony of PW2.