Power theft: Karnataka High Court relief for woman
The court wants the woman to pay three times the amount she owed to the power company.
Bangalore: A 37-year-old woman from Gulbarga almost ended up behind bars over charges of ‘electricity theft’, but for high court intervention.
However, the high court ordered her to pay the interest amount of the outstanding bill, to the electricity supply company.
A lower court had held her guilty under Section 135 of the Indian Electricity Act, 2003 with S.379 of IPC (punishment for theft), while ordering her to undergo three years of simple imprisonment, along with directions to pay the fine of Rs 11,27,088 as loss to Gulbarga Electricity Supply Company (Gescom).
The court wanted her to pay three times the amount she owed to the power company.
The advocate of the accused argued in the high court that Gescom had issued a notice as a one-time settlement to compound the offence for Rs 3,50,000.
“When such a letter is issued by the respondent themselves, except for the delay on the part of the accused in compounding the offence, it ought to have liberally considered to accept the amount that is due of Rs 3,75,696.”
After conviction order was passed in the year 2010, the accused had deposited Rs 4 lakh. “As per the statute, fine prescribed is three times the amount of misuse.
The misuse is calculated at Rs 3,75,696,” the woman pleaded before the HC, seeking leniency to compound the offence at this stage pursuant to the Gescom notice.
Justice Huluvadi G Ramesh, who struck the order of the lower court, ordered: “Since an amount of Rs 4 lakh was deposited in 2010, even assuming that interest is charged at 6 per cent on Rs 3,75,696, the accused is directed to pay another Rs 20,000 towards interest amount for the remaining two years.”
The accused has been warned to pay the interest amount in three months, which shall be transferred to Gescom, to be adjusted towards arrears.