Final Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 476/2025
STATE (BSES) VS. KAPIL SHARMA
FIR No.321/2024
PS HARASH VIHAR
22.04.2026
Present: Sh.Gaurav Singh, Ld. Addl. PP for the State.
Sh. Mukesh Sharma, AR for the Complainant.
Sh.Neeraj, Ld. Counsel for accused.
Both accused in person.
Ld. Counsel for accused persons concedes for giving notice
to accused persons.
Even otherwise, on the basis of allegation as contained in
the complaint coupled with the evidence and material collected during
investigation of this case, prima facie, there is sufficient ground to
frame notice for the offence punishable U/s 135/138 of the Electricity
Act, 2003 against both the accused persons. Accordingly, notice is
framed, to which they pleaded guilty.
Accused persons stated that they are pleading guilty
voluntarily and understand the consequences of doing so. Accused
persons are represented by Counsel who has also explained the legal
consequences and ramifications of their pleading guilty. It is also
submitted that impugned theft bill has already been settled and
settlement amount has already been deposited with complainant
company. It is submitted that lenient view in this respect may kindly
be taken.
Heard. Considered.
As accused persons have voluntarily pleaded guilty,
accused is convicted for the commission of offence punishable U/s
135 of Electricity Act.
Arguments heard on the point of sentence.
ORDER ON SENTENCE
Ld. Addl. PP for the State submitted that at the time of
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inspection, no electricity meter was found installed in the inspected
premises of convict and they were found indulged in direct theft of
electricity. Thus, it is prayed that convict may be awarded with the
punishment as per the provisions of Electricity Act.
It is submitted by Ld. Counsel that convicts are aged
about 46 years and 42 years respectively and they are doing the small
business. It is also submitted that civil liability qua impugned theft bill
have already been settled. It is their first offence and no other case is
pending against the convicts. It is prayed that a lenient view may
kindly be taken and State expenses may be waived off.
Submissions heard. Convicts have no criminal
antecedents. They have already settled the matter qua civil liability.
Maximum Imprisonment of offence for which convicts have been held
guilty is of three years or fine or both. Institutional incarceration
would do more harm than good to them. Convicts belongs to humble
family and the fact that convicts have already obtained NOC, it would
be in the interest of justice that a lenient view is taken against
convicts.
Considering facts and circumstances the case, age of the
convicts, nature of offence and financial condition, convicts namely
Kapil Sharma and Sarfaraz Khan are sentenced to simple
imprisonment till rising of the court u/s 135 of Electricity Act and also
directed to pay fine of Rs.1,000/- each in DLSA East, KKD Courts,
Delhi. Amount deposited. Receipt has been filed.
A copy of this order be given to the convict free of cost.
File be consigned to the Record Room.
(ASHISH RASTOGI)
ASJ-05(Electricity)/East
Karkardooma Courts
Delhi /22.04.2026
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