KRISHNA GUPTA vs THE STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 13.04.2026 Judgment pronounced on:16.04.2026 + CRL.A. 627/2016 & CRL.M.(BAIL) 1328/2016 KRISHNA GUPTA .....Appellant Through: Mr. Sanjeev Kr. Baliyan and Ms. Shivanshi Panwar, Advocates versus THE STATE .....Respondent Through: Mr. Utkarsh, APP for State with SI Parveen Mr. Abhay Kumar, Mr. Shagun Ruhil, Mr. Shreenivash, Mr. Karan Chopra, and Mr. Rakesh Kumar, Advocates for Respondent No.2 CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374 read with Section 482 of the Code of Criminal Procedure, 1973 (the Cr.P.C), the sole accused in SC No. 176/2015 on the file of the Additional Sessions Judge, Special Electricity Court, North-West District, Rohini, Delhi, assails the judgment dated 02.04.2016 as per which he has Signature Not Verified CRL.A. 627/2016 Page 1 of 19 Signed By:KOMAL DHAWAN Signing Date:17.04.2026 17:35:21 been convicted for the offence punishable under Section 135 of the Electricity Act, 2003 (the Act). 2. The prosecution case is that, on 29.01.2015 at about 12:10 PM, a joint inspection team of the complainant Company, namely, NDPL/TPDDL comprising of PW3 Senior Manager, PW4 Photographer, PW5 Assistant Officer, inspected the premises of the accused, situated near Samrat Cinema, Shakurpur, near MCD Parking, Delhi and found that the accused was indulging in direct theft of electricity by illegally tapping from the LT network of TPDDL. At the time of inspection, a connected load of 10.200 KW was found being used for commercial purposes, thereby causing wrongful gain to the accused and wrongful loss to the complainant Company, thus committing an offence punishable under aforesaid Section. 2.1. As it was a case of direct t