Final Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 943/2024
STATE (BSES) VS. ASHA PATEL
FIR No.157/2023
PS HARASH VIHAR
04.08.2025
Present: Sh. Gaurav Singh, Ld. Addl. PP for the State.
Sh. Mukesh Sharma, AR for the Complainant.
Sh. Mukesh Sharma, AR for the Complainant.
Accused Asha Patel in person.
Sh. Parmod Kumar, Ld. Counsel for accused.
Witness Sachin Shisodia and Akshay (videographer)
are present.
An application for plead guilty has been moved on behalf
of accused. On the application of accused, statement of accused Asha
Patel has been recorded separately.
Accused stated that she is pleading guilty voluntarily and
understand the consequences of doing so. Accused is represented by
Counsel who has also explained the legal consequences and
ramifications of her pleading guilty. It is also submitted that impugned
theft bill has already been settled and settlement amount has already
been deposited with complainant. It is submitted that lenient view in
this respect may kindly be taken.
Heard. Considered.
As accused has voluntarily pleaded guilty, accused Asha
Patel is convicted for the commission of offence punishable U/s 135
of Electricity Act.
Witnesses present today discharged unexamined.
Arguments heard on the point of sentence.
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ORDER ON SENTENCE
Ld. Addl. PP for the State submitted that at the time of
inspection, no electricity meter was installed in the inspected premises
of convict and convict was 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 convict is aged about 46
years old. She is a house. It is submitted that convict has already
settled civil liability qua impugned theft bill and NOC has also been
issued. It is prayed that a lenient view may kindly be taken.
Submissions heard.
Convict has no criminal antecedents. She has already
settled the matter qua civil liability. Maximum Imprisonment of
offence for which convict has been held guilty is of three years or fine
or both. Institutional incarceration would do more harm than good to
her. Convict belongs to humble family and the fact that convict has
already obtained NOC, it would be in the interest of justice that a
lenient view is taken against convict.
Considering facts and circumstances the case, age of the
convict and nature of offence, convict Asha Patel is sentenced to
Imprisonment till Rising of the Court and is also directed to pay a fine
of Rs.1500/- to be deposited with Shahdara Bar Association. Receipt
regarding deposit of fine furnished. Same be kept on record.
A copy of this order be given to the convict free of cost.
File be consigned to the Record Room.
(ASHISH RASTOGI)
ASJ-05/East District
Karkardooma Courts
Delhi /04.08.2025
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