THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2118 of 2004 JUDGMENT: This Criminal Revision Case is directed against the judgment dated 22.12.2004 made in Crl.A.No.258 of 2003 by the X Additional District & Sessions Judge (FTC), Guntur at Narasaraopet, confirming the judgment of the I Additional Munsif Magistrate, Narasaraopet, dated 19.6.2003 in C.C.No.135 of 2002. The case of the prosecution is as follows: On 12.7.1999 at about 10.15 a.m., P.W.1 inspected the premises of electricity service connection bearing No.55 Category-III situated at Peddareddypalem of Narasaraopet Mandal, in the presence of the petitioner- accused and P.W.6, with the assistance of P.Ws.2 and 4 and noticed that the service meter box had no seal, terminal cover had no cover, and also observed that 2000 watts heater load at the meter was cut out and that the disc rotation in all the three phases was slow forward. It was also noticed behind the board that the accused had tapped ‘R and Y’ phases incoming service wires jointed to out coming consumer wires i.e., copper wire with black colour aluminum wires at the main switch. Thus, the inspecting party detected bypass of the wire from the meter. P.W.1 estimated the loss incurred by the AP Transco due to the pilferage committed by the petitioner- accused and gave a report. On the basis of the report given by P.W.1, a case in Crime No.17 of 1999 was registered against the petitioner-accused for the offences punishable under Sections 39 and 44 of the Indian Electricity Act. After completion of the investigation, charge sheet was filed and the same was taken cognizance as C.C.No.135 of 2002. On appreciation of both oral and documentary evidence, the trial Court found the petitioner-accused guilty of the offences under Sections 39 and 44 of the Indian Electricity Act and accordingly sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for one month for each of the offences. Aggrieved by the same, the petitioner-accused preferred an appeal in Crl.A.No.258 of 2003 before the X Additional District & Sessions Judge (FTC) Guntur. The learned Additional Sessions Judge confirmed the judgment of the Court below. Questioning the said judgment, the petitioner filed the present revision. Learned Counsel for the petitioner-accused fairly conceded that this is not a fit case for interference, but he requested to take a lenient view insofar as the sentence of imprisonment is concerned, having regard to the fact that the petitioner was in jail for a period of one week. In the facts and circumstances of the case and in view of the nature of the offence committed by the petitioner-accused, I feel that the conviction recorded by the Courts below do not warrant any interference. But however, having regard to the fact that the petitioner has been wandering around the Courts since 1999 and in view of the fact that the petitioner-accused was in jail for a period of one week, this Court is of the view that this is a fit case where a lenient view can be taken. Accordingly, the sentence of imprisonment imposed by the Courts below for the offences under Sections 39 and 44 of the Indian Electricity Act is reduced to the period already undergone. In the result, the sentence of rigorous imprisonment for a period of six months for each of the offences under Sections 39 and 44 of the Indian Electricity Act imposed by the Courts below on the petitioner-accused is reduced to the period already undergone, while maintaining the sentence of fine. With the above modification, the Criminal Revision Case is dismissed. _______________________ GOPALA KRISHNA TAMADA, J 10th March, 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2118 of 2004 10.3.2011