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a. Sl. No. of the case and : 638/2007 dt. 07.02.2007 date of its institution b. Name of the complainant : Sh. B.S. Kainth, Retd.AE, DVB.

                                                       
c.  Date of commission of
     offence                                    : 27.11.1997

d. Name of the accused : 1. O.P.Popli S/o Sh. Tulshi Dass Popli R/o RZ­E­33, Raghu Nagar, Gali No.7 New Delhi Present Address - 13, BD Block MIG Flat, Janakpuri, Delhi.

BRIEF STATEMENT OF FACTS FOR THE DECISION:­

1. By way of this judgment, I shall disposed off present FIR which was lodged on the complaint of complainant on 27.11.1997.

2. The brief fact of the case are that on 27.11.1997, a raid was conducted by DVB officials and accused persons were found to be stealing electricity directly from DVB LV main in the area of falling within the jurisdiction of PS Dabri and thereby committed an offence punishable u/s. 39/44 of of IE Act & 379 IPC

5. PW1 C.P.Pahuja Retd. AM, BSES deposed that on 27.11.1997, he was posted as Suptd., Technical Enforcement in DVB at Shankar Road ; a joint raid was conducted comprising the official from MTD, Enforcement Zone and ocal police at Raghu Nagar, Dabri Extension, New Delhi ; direct theft of electricity through LV Main was found to be indulged by the residents i.e. Accused Abhay Arora at 1st Floor, RZ­15, Gali No 6, Raghu Nagar, New Delhi, accused Om Prakash near pole no. 76, Opp. H. No. E­46, Raghu Nagar, New Delhi and M/s. Gautam Agency RZ­15/6 Raghu Nagar, New Delhi ; illegal electric wires were removed in his presence from these premises ; photographs Mark Y (colly) of the spot were also taken (witness correctly identified the same) ; JIR report was prepared and photocopy of the same is Mark X. This witness correctly identify the case property as Ex P­1. However MHCM has produced the case property in unsealed condition and FIR No. 758/97 State Vs. Abhay Arora without any identification Mark ; he further deposed that he cannot say whether accused persons were present at the spot or not.

6. PW2 Shri B.S. Kainth, Retd AE, DVB also deposed in line of PW1.

In addition to above, this witness further deposed that he had brought the original JIR Ex PW2/A ; he further deposed that he cannot say whether accused persons were present at the spot or not ; on 27.11.1997 he made a complaint Ex PW2/B to SHO of PS Dabri ; he handed over the case property to police who seized the same vide memo ExPW2/C ; he also gave sanction Ex PW2/D (colly) u/s. 50 of I.E. Act to the police and after 2/3 days he handed over the photographs to the police.