‘No proof of power theft’, man acquitted after 18yr court battle

Agra: Ending an over 18-year-old legal battle, a special court in Agra has acquitted a 58-year-old man of electricity theft charges, ruling that the prosecution failed to prove its case beyond reasonable doubt.Special Judge (Electricity Act 2003) Pawan Kumar Srivastava cleared Kanhaiyalal, a resident of Guda village, of all charges under Section 135 of the Electricity Act.The case dates to Dec 5, 2007, when an inspection team from Dakshinanchal Vidyut Vitran Nigam Ltd (DVVNL) raided Kanhaiyalal’s premises. Officials alleged that he was bypassing his electricity meter to illegally run an eight-horsepower flour mill.

An FIR was registered at Dauki police station, and a chargesheet was filed later that month.Kanhaiyalal rejected the allegations and maintained that he had a valid power connection with proper documentation, and demanded a trial, which began in 2009. During the trial, the prosecution presented four witnesses, including the complainant and the investigating officer. However, the court found significant gaps in their narrative.

Speaking on the verdict, defense counsel Narendra Patel highlighted that the court pointed out serious shortcomings in the local police’s investigation and seizure process. The court noted that the raid team failed to involve independent public witnesses at the time of the inspection, despite local residents being readily available.In the 11-page judgment delivered on June 30, the court concluded that the evidence presented was entirely insufficient for a conviction, stating, “The prosecution having failed to establish the guilt of the accused beyond reasonable doubt, the accused is acquitted.”Speaking to TOI, Kanhaiyalal said, “I have always maintained my innocence and never committed electricity theft. After 18 years, the court has finally given me justice. This case caused immense mental stress and hardship for me and my family. While I respect the court’s decision, I hope no other innocent person has to endure such a prolonged legal battle.”