MUNNA vs THE STATE & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 23.02.2026 Judgment pronounced on: 26.02.2026 + CRL.A. 49/2018 & CRL.M.A. 890/2018 MUNNA .....Appellant Through: Mr. Ashu Sharma, Advocate. versus THE STATE & ANR. .....Respondents Through: Mr. Utkarsh, APP for the State with SI Vikram Singh, P.S. Welcome. Mr. Sharique Hussain, Advocate for Respondent no. 2. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (the Cr.P.C), the sole accused in SC No. 14/17 (Old No.1643/16) on the file of the Additional Sessions Judge, Special Electricity Court, Karkardooma Courts, New Delhi, assails the judgment dated 29.11.2017 as per which Signature Not Verified CRL.A. 49/2018 Page 1 of 17 Signed By:KOMAL DHAWAN Signing Date:26.02.2026 15:17:04 the accused has been convicted for the offence punishable under Section 135 of the Electricity Act, 2003 (the Act). 2. The prosecution case is that, on 21.12.2006 at about 05:05 AM, an inspection was conducted by a team of officials of the Complainant Company led by R.P. Aggarwal (PW3) – Assistant Manager at premises No. L-21, Janata Mazdoor Colony, Welcome, Delhi. During the said inspection, the accused was found indulging in direct theft of electricity by illegally and dishonestly abstracting electricity from the BSES YPL LT MP boxes and was further supplying it to 229 dwelling units, from whom the accused was collecting money. The connected load was found to be 552.564 KW/DX/DT for domestic use. 2.1. As it was a case of direct theft of electricity, a theft bill was raised to the tune of ₹ 94,28,504/- against the accused, which was served on him. Later, Ext. PW1/A Complaint was filed alleging commission of the offenc