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2.2 The officials of the MSEB, in March 1993, noticed a mismatch between the units supplied to these factories vis-

à-vis the readings taken from the meters at these factories. The alleged disparity was to the extent of 36.6 per cent. Naturally, an investigation was followed in the months of April and May 1993. During inspection of the meters placed at the factory of the appellant-convict by senior officials of MSEB, in the presence of independent witnesses, it was found that the meter had been tampered with, and the box in which it was placed had 3 holes of 4 mm each.

2.3 According to the prosecution, the officials of the MSEB concluded that the workers of the Company had been Hereinafter referred to as “The Act” Hereinafter referred to as the “Company” Hereinafter referred to as “MSEB” using additional wires, interfering with the meter supply and thereby causing a slowdown in the running of the meter. As such, the holes were sealed. On a subsequent reading of the meter, the disparity was now found to be around 10 per cent. 2.4 The approximate quantification of the alleged theft of electricity was to the tune of Rs.30 lakhs. 2.5 The Executive Engineer, MSEB, lodged a First Information Report with the Taluka Jalan Police Station, on 25th June 1993. Upon completion of the investigation, a chargesheet was filed before the Court on 1st October 1993.

iv) What is the scope of appreciation of evidence when the appeal against acquittal is filed?”

6. On consideration of evidence, the High Court held that once the extra holes in the meter box were sealed, the consumption increased significantly, and since the possibility of any other user stealing the electricity had been foreclosed by the holes being plugged with a metal plate having been placed there, it stood proved that the appellant-convict(s) was responsible for the theft. Regarding Section 44 of the Act, it was concluded that the case would fall squarely under clause ‘c’ of the said Section. Further, it was observed that the appellant-convict(s) did not make any attempt to prove that the extra holes in the meter box were not caused by them. Regarding the issue that PW-3 Dinkar, being the competent authority to lodge the complaint, it was held that he was given that he had been deputed by the MSEB as the officer responsible for that area. Accordingly, a complaint at his instance would be treated as a complaint made on behalf of MSEB, and so, it would be in accordance with the law. On the next point, it was held by the learned Single Judge that the Trial Court had not appreciated the law as laid down by this Court in Ramesh Babulal Doshi v. State of Gujarat5. Having recorded as above, the appeal and the revision were allowed, and the appellant-convict(s) was sentenced to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs.2 lakhs each, in default whereof the appellant-convict(s) was to undergo further rigorous imprisonment for a period of 3 months.

14.2 PW-2 was Balwant, Dy. Ex. Engineer, MSEB, Officer, Jalna. In his detailed examination in chief, this witness detailed the entire process of the cloud of suspicion being cast on the company of the appellant-convict, as also the step-by-step actions taken in regard of such suspicion. In his cross-examination, it comes for that he had not checked the consumption of electricity by the other companies. It was further stated:-

“…It is true to suggest that all the statement made by me by deposite and regarding less recording of energy are based on guesswork and nothing specific. It is true to nothing specific with regard record with less electricity can be stated by me.… I do not know as to whether previously there were separate whole at the bottom of the metre is question…. It is to do to suggest that I have been pressurised by superior in deposed before the Hon’ble Court” 14.3 PW-3 was the complainant. He testified that during the inspection of the meter box, 3 holes were found. After plugging the holes, it was stated that the discrepancy fell to 10 percent. The numbers mentioned in the report, according to him, were correct, and he has signed the same. In his cross-examination, he admits that none of the officers of the MSEB verified the possibility of – “shortening the current by insulting wires in the holes of the bottom of metre box. It is true to say that, all the conclusions reached by us in the alleged occurrence about theft of electricity in respect of metre box in question entirely based upon the inference only.” 14.4 PW-4 testified that he had come to Jalan for the purpose of conducting tests on the meters. At the time of testing, the original seal of the meter box was found to be intact. He further said that there was a direct correlation between the plugging of the holes in the meter box and the number of discrepancies, which were reduced significantly.