Electricity Act | Minimum Sentence Under S.135 Can't Be Less Than Three Times The Financial Gain: Karnataka High Court

The Karnataka High Court has enhanced the fine imposed on a convict from Rs. 5,000/- to Rs. 1,08,189/- for theft of electricity, while observing that the minimum sentence under Section 135 of the Electricity Act, 2003 for the first conviction cannot be less than three times the financial gain.The Bench comprising Justice Shivashankar Amarannavar thus allowed an appeal preferred by the State Government praying to enhance the fine amount imposed by the Special Court against an Accused for theft of electricity.BACKGROUND FACTSMr. B Usman Beary ("Accused/Respondent") had committed theft of electricity and was convicted by the Special Court under Sections 135 and 138 of the Electricity Act, 2003. The Special Court penalized the Accused with a fine of Rs. 5,000/- under each Section and also directed him to pay the back billed amount of Rs. 36,063/-.The State Government ("Appellant") challenged the Special Court's order before the High Court. The Appellant contended that the minimum sentence for the offence 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 provided under Section 135(1) of the Electricity Act. Since the Special Court has imposed a sentence less than the minimum sentence, therefore, it requires it to be enhanced, it was argued.The Accused contended that the sentence imposed by the Special Court is adequate and he has already paid the back billed amount of Rs. 36,063/-.HIGH COURT VERDICTThe Court noted that as per Proviso (i) of Section 135(1) of the Electricity Act, the fine imposed on the first conviction shall not be less than three times the financial gain on account of such theft of electricity. The financial gain on the part of the Accused by theft of electricity is required to be ascertained from the evidence on record. On perusal of the records, the Bench concluded that the back billing amount of Rs.36,063/- has been arrived on the basis of average consumption by the Accused. The back billing amount is the financial gain of the Accused by committing the theft of electricity. Accordingly, the Court has held, “The financial gain by this respondent – accused by the said offence of theft of electricity is Rs.36,063. Therefore, the minimum fine is three times the said amount of Rs.36,063/- which comes to Rs.1,08,189.” The Bench concluded that the sentence imposed by the Special Court under Section 135 of the Electricity Act is less than the minimum sentence and it is not proper. The appeal has been allowed and the fine has been enhanced by the Court. Case Title: State By PI MESCON v B Usman Beary Case No: Criminal Appeal 1128/2011Citation: 2023 LiveLaw (Kar) 305Counsel for Appellant: Sri Renukaradhya R D, HCGPCounsel for Respondent: Sri Lingaraj Click Here To Read/Download Judgment

Electricity Act | Minimum Sentence Under S.135 Can't Be Less Than Three Times The Financial Gain: Karnataka High Court

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