The Karnataka High Court in the case State By PI MESCON v B Usman Beary observed and has enhanced the fine imposed on a convict for an amount of Rs. 5,000/- to Rs. 1,08,189/- for theft of electricity.
The court in the case observed that the minimum sentence as stated under Section 135 of the Electricity Act, 2003 for the first conviction cannot be less than three times the financial gain.
The bench comprising of Justice Shivashankar Amarannavar in the case observed and has allowed the appeal which is being preferred by the State Government praying to enhance the fine amount imposed by the Special Court against an Accused for theft of electricity.
Facts of the Case:
The Accused or Respondent, Mr. B Usman Beary had committed theft of electricity and was convicted by the Special Court as stated under Section 135 and Section 138 of the Electricity Act, 2003.
Therefore, the Special Court penalized the Accused with a fine for an amount of Rs. 5,000/- as stated under each Section and also directed him to pay the back billed amount of Rs. 36,063/-.
However, the Appellant, State Government challenged the order of the Special Court before the High Court. It has also been contended by the Appellant that the minimum sentence stated for the offence alleged under Section 135 of the Electricity Act shall not be less than three times the financial gain on account of theft of electricity in the event of the first conviction, as it has been provided under section 135(1) of the Electricity Act.
The Special Court in the case imposed the sentence less than the minimum sentence, thus, it requires it to be enhanced.
It has been contended by the accused before the court that the sentence imposed by the Special Court is adequate and he has already paid the back billed amount of Rs. 36,063/-.
The bench while considering the facts and circumstances of the case observed and has concluded that the sentence which is imposed by the Special Court as stated under Section 135 of the Electricity Act is less than the minimum sentence and it is not proper.
Accordingly, the court allowed the appeal and the fine has been enhanced by the said court.
The counsel, Sri Renukaradhya R D, HCGP appeared for the Appellant.