Accused Acquitted in Electricity Theft Case Due to Lack of Evidence
A Lahore court recently acquitted a man accused of stealing electricity in a case titled Ghulam Jafar vs. State (2024 MLD 276). The allegation against the defendant was that he bypassed the electric meter and connected his wires directly to the main line, thus stealing electricity for his household.
The court relied on Section 129(g) of the Qanun-e-Shahadat (Law of Evidence) while delivering its verdict. This section deals with situations where evidence is tampered with or improperly used.
Key Points of the Case:
- The prosecution claimed that the accused was involved in electricity theft.
- The evidence presented included the involvement of the Electric Power Company's Surveillance Team in catching the accused.
- However, the crucial piece of evidence, the wire allegedly connected to the main line, was neither secured by the Surveillance Team nor produced in court.
Reasoning Behind the Acquittal:
The court ruled in favor of the accused due to the prosecution's failure to present essential evidence. The judge highlighted that the prosecution has a duty to present all available material witnesses and evidence collected during the investigation. Withholding such evidence, especially a crucial piece like the tampered wire, raised suspicion.
The court's decision implies that the prosecution's case lacked credibility due to the missing evidence. Without the wire, it was impossible to conclusively prove the accused's involvement in the alleged electricity theft.
In Conclusion:
This case serves as a reminder of the importance of proper evidence collection and presentation in court. Withholding crucial evidence can weaken the prosecution's case and lead to acquittals, even in situations where the defendant might be guilty.
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