Krishnaraj v. State Rep by
Case brief
What is this about?
Criminal Appeal filed against conviction for electricity theft. High Court held that the offence occurred before the 2003 Act commenced, making a charge under it invalid. Appeal allowed; conviction and sentence set aside.
What did the court decide?
Conviction and sentence set aside; appellants acquitted; fine refunded; bail bonds cancelled.
What the court decided
BAIL SLIP
The petitioners (Accused 1 and 2 Namely Krishnaraj (A1) and Pazhanisami(A2) were relased on bail in Crl MP.1/09 in Crl.A.No.240/09 date 20/05/09 on the file of this court
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2017
C O R A M
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Criminal Appeal No.240 of 2009
- Krishnaraj S/o.Arumuga Gounder 2. Pazhanisami S/o.Nanjappa Gounder ... Appellants/Accused -VsState by Inspector of Police, Karumathampatti Police Station, Coimbatore District. [Crime No.289 of 1999] ... Respondent/Complainant Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure against the judgement dated 27.04.2009 in Special C.C.No.2 of 2008 passed by learned Principal Sessions Judge/Special Judge, Coimbatore and to set aside the same.
For Appellants : Mr.N.R.Elango Senior Counsel for M/s.K.Goviganesan For Respondent : Mr.V.Arul Additional Public Prosecutor. ***** J U D G M E N T
This appeal arises against the conviction of the appellants for an offence under Section 135 of Electricity Act, 2003 in case tried in Special C.C.No.2 of 2008 on the file of learned Principal Sessions Judge/Special Judge, Coimbatore.
Issues for consideration
3 issues framed by the court
Whether a charge under the Electricity Act, 2003 can be framed for an offence committed prior to the enactment becoming operative.
Whether the trial court erred in proceeding under the repealed Indian Electricity Act, 1910 instead of the non-applicable 2003 Act.
Whether the conviction and sentence must be set aside due to the wrong application of law regarding temporal jurisdiction.
Parties & counsel
- appellant
Krishnaraj S/o. Arumuga Gounder
- appellant
Pazhanisami S/o. Nanjappa Gounder
- respondent
State by Inspector of Police
Coram
Case details
As recorded by the court registry
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