Gujarat High Court Case Information System
Print
CR.MA/6640/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6640 of 2010
In
CRIMINAL
APPEAL No. 1001 of 2010
With
CRIMINAL
APPEAL No. 1001 of 2010
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
RASIKBHAI
ISHWARBHAI PATEL - Respondent(s)
=========================================================
Appearance
:
MS
CM SHAH ADDL. PUBLIC PROSECUTOR
for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 10/12/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
This
is an application for leave to appeal against acquittal of the
respondent by Special Court (Electricity) Mehsana in Special
(Electricity) Case No.10 of 2009 by judgment and order dated
31.3.2010.
2. The
trial Court has recorded that the panchnama drawn at the time of
incident has not been brought on record. The checking was done in
presence of a representative of the consumer-respondent is also not
stated. The complaint was given after 20 days. The trial Court,
therefore, observed that the prosecution has failed to prove
involvement of the respondent in the theft of electricity
satisfactorily.
3. In
light of the above factual uncontroverted scenario, the trial Court
cannot be said to have committed any error. Leave to appeal is
refused. The application stands disposed of. Consequently, appeal is
dismissed.
(A.L.
DAVE, J.)
(V.M.
SAHAI, J.)
zgs/-
Top