Rakesh v. The State Govt Of NCT Of Delhi & ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1098/2017 and Crl. M.B. 2125/2017 RAKESH ..... Appellant Represented by:

Mr. S. Firoz and Mr. Jewan Chandra, Advocates.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP for the State.

Mr. Sunil Fernandes, Standing counsel for BSES RPL with Mr. Arnav Vidyarthi, Ms. Anju Thomas and Ms. Nupur Kumar, Advocates for respondent No.

2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.12.2017 1.

Notice.

2.

Learned APP for the State accepts notice on behalf of respondent No. 1/State.

3.

Notice is accepted by the learned counsel for respondent No. 2/BSES Rajdhani Power Ltd.

4.

By the impugned judgment dated 6th November, 2017 the learned Additional Sessions Judge, Special Electricity Court, Saket Court has convicted three accused for offence punishable under Section 135 of the CRL.A. 1098/2017

Indian Electricity Act and directed them to pay a sum of ₹2,72,374/- in default whereof to undergo simple imprisonment for a period of six months. Further while determining the civil liability of the accused/convicts again a common civil liability of ₹1,81,582/- has been imposed on the three accused.

5.

An order on sentence cannot be passed against number of accused cumulatively and is required to be passed separately qua each of the accused.

6.

The two impugned orders dated 6th November, 2017 on the order of sentence and fixing the civil liability are set aside. The matter is remanded back to the learned Additional Sessions Judge, Special Electricity Court, Saket Court to impose separate fine on each of the accused and also to ascertain civil liability of each of the accused separately. 7.

Appeal and application are disposed of.

8.

Since this Court has not expressed any opinion on merits of the judgment of conviction and order on sentence, liberty is granted to the appellant to file another appeal for the said reliefs if so advised. MUKTA GUPTA, J.

DECEMBER 01, 2017 'yo'

CRL.A. 1098/2017