CR.A/2070/2009

Judgment text excerpt

NEUTRAL CITATION R/CR.A/2070/2009 JUDGMENT DATED: 10/06/2026 2026:GUJHC:35661 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 2070 of 2009 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ============================================================== Approved for Reporting Yes No ============================================================== STATE OF GUJARAT Versus HANIF ALARAKHABHAI DAYATAR (GHANCHI) & ANR. ============================================================== Appearance: MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Appellant(s) No. 1 MR P B KHAMBHOLJA(5730) for the Opponent(s)/Respondent(s) No. 1,2 ============================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 10/06/2026 JUDGMENT 1. The appellant-State of Gujarat has preferred this appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order dated 24.07.2009 passed by the Additional Sessions Judge and Special Judge, Bhavnagar (hereinafter referred to as “the trail Court”) in Special (GEB) Case no. 85/2009 whereby, the trial Court acquitted the respondents - accused from the offences punishable under Sections 136(1)(A) and 150 of The Indian Electricity Act, 2003 (hereinafter referred to as “the Act”). Page 1 of 13 Uploaded by () on Downloaded on : Tue Jun 30 22:36:26 IST 2026 NEUTRAL CITATION R/CR.A/2070/2009 JUDGMENT DATED: 10/06/2026 2026:GUJHC:35661 2. Short facts of the prosecution case are that the line of PGVCL passes through village Tatam outskirt and on 17.01.2008, both the respondents with help of each other, cut or removed aluminium wire of 5720 mtrs. from the line, out of which 367 kg valued at Rs.33,030/- were recovered from respondents. Thus, both the re