1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2635 of 2009 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The prosecution against the Respondent for offence U/s 135(a) of the Electricity Act, ended in acqittal. The leave to appeal is soght against the judgment of acquittal in Special Case No.(Elec) No.41/2007. Having gone through the impugned judgment, it is clear that the prosecution did not duly establish the fact that the borewell and water stream were within the boundary limits of land Gat No.151 owned by the Respondent. It was alleged that an electric board was fixed near the streamlet. The panchanama was carried out by P.W.1 lineman Shinde. The location of the electricity board and illegal connection could have been verified from the Circle Inspector and the proper evidence could have been collected about electricity theft by the Respondent. No independent witnesses were examined. Considering the deficiencies in the evidence of the prosecution, the learned trial Judge acquitted the Respondent. In my opinion, there is no serious error in appreciation of the evidence. Hence, the leave is refused. Appeal dismissed. (V.R.KINGAONKAR,J.) Dt.24.08.2009. asp/office/Crapp2635.09