JAGARNATH SINGH v. B. S. RAMASWAMY

In the result, Criminal Appeal No. 7 6 of 1963 is partly allow ed, and the conviction and sentence under s. 39 of the Indian Elec tricity Act read withs. 379 of the Indian Penal Code are set aside. The convictions and sentences under s. 44 of the Indian Electricity Act and r. 138(b) of the Indian Electricity Rules are affirmed. D In Criminal Appeal No. 130 of 1963, the prosecution proved that a seal on the meter cover was broken and a sealing nut was loosened exposing a stud hole on the meter cover. The tampering was discovered on July 1, 1958. ~oon thereafter, the Company's Inspectors made several attempts to inspect and check the meter. the checking. The appellant did not permit the inspection and E After the seizure of the meter, it was discovered that acid had been thrown on it with a view to destroy the evidence of the tampering, and there is ground for believing that this was done by the appellant or with his connivance. There is reason to believe that the check ing of the meter, if permitted by the appellant, would have disclos ed that after the tampering the meter was recording less than the F units actually consumed, and was used as an artificial means for abstraction of the unrecorded energy. The materials on the record show that the appellant was responsible for the tampering. More over, the High Court has recorded the finding that the recorded tampering consumption immediately before the discovery of the G was lower than the normal consumption. W.e are satisfied that the appellant abstracted and consumed electrical energy di<honestly, that is to say, without the intention of paying for it, and the convic tion under s. 39 should be sustained. We think also that the appel lant was rightly convicted of the offence under s. 201 of the Indian H Penal Code. In the result, Criminal Appeal No. 130 of 1963 is dismissed. Cr. App. 76 of 1963 Partly allowed. Cr. App. 130 of 1963 dismissed.