In Brief
The appellant, director of M/s. Rushi Steels and Alloys Pvt. Ltd., was convicted by the High Court of reversing an acquittal for alleged unauthorized abstraction of electrical energy and meter tampering under Sections 39 and 44 of the Indian Electricity Act, 1910. The prosecution relied on evidence of three holes found in the meter box and claimed that after sealing them, discrepancies reduced from 36.6% to 10%. The Supreme Court held that the prosecution witnesses' testimonies were inferential, presumptive, and approximative, lacking direct proof of artificial means. The Court ruled that the presumption under Section 39 cannot be invoked without first proving artificial means were employed, and Section 44 was not established beyond reasonable doubt. Accordingly, the High Court's reversal was erroneous, and the appellant was acquitted.
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