Mohanlal vs M.P. Electricity Board

Brij Kishore Dubey, J.—Being aggrieved by the judgment of conviction and order of sentence dated 30/09/2005 passed by the Special Judge (under the Electricity Act) in Special Criminal Case No. 35 of 2005 (Madhya Pradesh Electricity Board Vs. Mohanlal) whereby the appellant herein/accused has been convicted u/s 138 of the Electricity Act and sentenced to suffer 03 months rigorous imprisonment with fine of Rs. 500/-, the appellant preferred this appeal u/s 374(2) of the Code of Criminal Procedure, 1973. The facts of the case have been detailed in the impugned judgment by the Trial Court and, therefore, this Court does not want to repeat the same overall again.

Learned counsel appearing on behalf of the appellant submits that the appellant does not wish to challenge the finding of conviction recorded by the learned Trial Court. It is further submitted that the appellant remained under detention for a period of 10 days (from 07/01/2006 to 17/01/2006), the fine amount has already been deposited, there is no previous criminal conduct of the appellant and, therefore, the learned counsel prays for reduction of the jail sentence to the period already undergone by him.

As before this Court, the finding of conviction recorded by the learned Trial Court u/s 138 of the Electricity Act has not been challenged by the appellant, hence, the aforesaid finding is hereby affirmed.

With regard to the sentence awarded is concerned, the appellant has been sentenced by the learned Trial Court as stated hereinabove. No previous criminal conduct of the appellant has been proved by the prosecution. The appellant remained in custody for 10 days, i.e., from 07/01/2006 to 17/01/200. The alleged incident took place on 23/03/2005. Under these circumstances, the ends of justice would be sub-served, if the jail sentence of the appellant is reduced to the period already undergone by him with fine of Rs. 500/-.

Consequently, this appeal is allowed in part. The conviction of the appellant passed by the learned Trial Court u/s 138 of the Electricity Act is hereby affirmed but the sentence is set aside and instead thereof, the appellant is sentenced to the period already undergone by him in jail with fine of Rs. 500/-.

With the aforesaid modification in the sentence, the appeal is disposed of finally. The bail bonds of the appellant stand discharged.

A copy of this judgment be sent to the learned Trial Court for necessary compliance. Appeal stands allowed in part.