HC slams MSEB, state for shoddy prosecutn of power-theft case

MUMBAI: Dismissing an appeal filed by the state government, the Bombay High Court in a recent order confirmed acqittal of a resident of Satara district in electricity-theft case, but also asked the authorities to look into the manner in which case was prosecuted. "Electricity is a national wealth...If power theft case is prosecuted like this, there would be havoc," Justice Ranjana Desai observed. A technical slip-up, that of booking the offender under Indian Penal Code's theft section instead of Indian Electricity Act's provisions, undid the prosecution's case. Maharashtra State Electricity Board cut off power supply to Nanaso Vithal Desai' house in Paparde village in Patan taluka of Satara in 1990. After that, he hooked up an illegal connection from the village's Vitthal-Rakhumai temple. In 1991, when the illegal line was spotted, MSEB filed a complaint under s 379 of IPC (theft) for stealing power worth Rs 400. In April 1994, Patan Magistrate's court held that s 379 does not include theft of electricity per se, therefore Desai could not be convicted. At the same time, the magistrate recorded that Desai was guilty of theft, though not under IPC. He also recorded that prosecution of the case was sloppy. Additional Public Prosecutor did not remain present during the trial, even the investigation officer was not examined by the prosecution. State filed appeal against the acquittal.
3 May, 2008, 1620 hrs IST, PTITHE ECONOMIC TIMES