JUDGMENT 1. - This appeal has been filed against the judgement dated 31.7.2015 passed by learned Special Judge, Electricity Act, Jhunjhunu in sessions case no. 486/2010 whereby appellant has been convicted for offence under Section 135 of Indian Electricity Act and imposed a fine of Rs. 41,000/- and in default thereof he shall undergo for one month SI. 2. Brief facts of the case are that a report came to be lodged by A.En. At P.S. Electricity, Jhunjhunu to the effect that at the time of checking, electric connection of consumer was connected directly from cable and was being used unauthorised. Upon this report, police filed charge-sheet before the trial court, who framed charges against the appellant, to which the appellant denied and claimed to be tried. The prosecution examined as many as 04 witnesses and exhibited certain documents. After hearing both the parties, the trial court vide order dated 31.7.2015 convicted and sentenced the appellant as above and imposed a fine of Rs. 41,000/- and in default thereof he shall further undergo one month SI. 3. Against the said order, this appeal has been filed. 4. It has been contended on behalf of the appellant that the appellant has been falsely implicated in this case. The trial court has erred in law in not taking into consideration the most important fact that without verifying the ownership of the accused, he has been convicted and sentenced. There is no eye witness in the case and no recovery whatsoever has been made from the accused appellant. In the alternative, at last, it has been requested that this appeal should be disposed of with the direction to reduce the fine from Rs. 41,000/- to Rs. 20,000/- and same should be deposited within a period of three months from the date of receipt of certified copy of this order. 5. Mr. B.N. Sandu, Spl. Public Prosecutor appearing for Ajmer Vidhyut Vitran Nigam Limited has seriously opposed the same. 6. I have heard learned counsel for the parties. 7. Accordingly, in view of above, this appeal is disposed of with the direction to the appellant to deposit the fine of Rs. 20,000/- instead of Rs. 41,000/- within a period of three months from the date of receipt of certified copy of this order and out of Rs. 20,000/-, amount of Rs.
7. Accordingly, in view of above, this appeal is disposed of with the direction to the appellant to deposit the fine of Rs. 20,000/- instead of Rs. 41,000/- within a period of three months from the date of receipt of certified copy of this order and out of Rs. 20,000/-, amount of Rs. 19,000/- should be deposited by the appellant with the Ajmer Vidhyut Vitran Nigam Ltd and remaining Rs. 1,000/- should be deposited in Rajkosh. If the said amount as ordered above, is not deposited within the stipulated period of three months, the appellant will serve the sentence as awarded by the trial court.Appeal disposed of as above. *******