THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1022 OF 2004 DATED 14th DECEMBER, 2010. BETWEEN : H.Rama Murthy ..Appellant-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1022 OF 2004 JUDGMENT: This is an appeal arising out of conviction and sentence imposed on the appellant-accused in S.T.C.No.8 of 2002 on the file of the Special Court under Indian Electricity Act-cum-I Additional District and Sessions Court, Srikakulam, by judgment dated 18.05.2004 wherein the accused was convicted under Section 235 (2) Cr.P.C. for the offence punishable under Sections 39 and 44 of the Indian Electricity Act, 1910, and sentenced to undergo simple imprisonment for six months and to pay fine of Rs.3000/- under each count. The allegations levelled against the appellant are of committing pilferage of electrical energy at his Rice and Flour Mill, Bammidi Village, by unlawful means i.e. by using some foreign material and meddling with the meter mechanism and thereby suppressed the actual load and thus caused loss to A.P. Eastern Power Distribution Company Limited to the tune of Rs.2,65,636/-. Hence, the case. Heard. After arguing for sometime, the learned counsel for the appellant confined his arguments only to the extent of imposition of sentence and prayed this Court to show some indulgence on the appellant. In view of the said submission of the learned counsel for the appellant, the merits and demerits of the prosecution case and impugned judgment need not be adjudicated now. The minimum punishment prescribed under the provisions of the Act is six months. The appellant is now aged about 80 years and the occurrence took place in the year 2001. Further, on perusal of the record, it is seen that the appellant is the In- charge and Supervisor of the said Rice and Flour Mill. In these circumstances, this Court deems fit that the sentence of imprisonment imposed by the trial Court can be set aside and some fine can be imposed on the appellant. Accordingly, the conviction imposed by the trial Court is hereby confirmed. However, the sentence of imprisonment imposed on the appellant is hereby set aside and the appellant is directed to pay a sum of Rs.5,000/- as fine on or before 28.02.2011, in default to undergo simple imprisonment for one month. Fine amount now imposed on the appellant shall be apart from the fine amount already imposed on the appellant by the trial Court. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Appeal is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 14.12.2010 sur