1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Application No.2732 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 Respondent was prosecuted vide Special Case (Elec) No.81/2007, for alleged offence of committing theft of electricity. The learned Special Judge acquitted him for the offence U/s 135(a) of the Electricity Act, 2003. The Special Judge noticed that the illegal electricity supply was drawn through underground wire. The evidence of P.W.3 lineman Mali as well as that of Junior Engineer, indicated that they had not visited cattle shed of the Respondent nor had gone to his agricultural land. The Respondent resides in a farm house. The version of lineman P.W.1 Sarje, revealed that it was not verified as to upto what extent the underground pipeline was going. The witnesses admitted that due to load sheding, no electric motor pump was being run. In the absence of reliable evidence about use of such pipeline by the Respondent for drawing electricity, the acquittal of the Respondent can not be faulted with. In this view of the matter, leave to appeal is refused. The appeal is dismissed. (V.R.KINGAONKAR,J.) Dt.24.08.2009. asp/office/Crapp2732.09