GHULAM JAFFAR vs State S — 2024 MLD 276 LAHORE-HIGH-COURT-LAHORE

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GHULAM JAFFAR VS State S. 462-J---Interference, improper use or tampering with electric meter by domestic consumer---Appreciation of evidence---Benefit of doubt---Delay of three days in reporting the matter to the police---Accused was found involved in committing theft of household electricity by connecting his wires directly to the main line---There was almost a three days delay in lodging the complaint, which needed to be explained by the prosecution---In the prosecution's case, during the checking of electricity theft, the complainant's team removed the meter from the alleged premises---During cross-examination, complainant admitted that he had not proceeded to the place of occurrence---However, during his examination-in-chief, complainant stated that his staff removed the meter of the accused from the site of occurrence---After returning to the office, they reported the matter to him---Staff produced the meter before complainant, which he took into possession through a recovery memo, which was attested by officials as recovery witnesses---If this was so, what prevented complainant from lodging the complaint immediately after preparing the recovery memo---Absolutely no evidence on the prosecution's side was available to show the reason for three days delay in lodging the complaint---Complainant reported the incident based on hearsay evidence from the surveillance team as he had not witnessed that the accused was committing theft of the electricity by connecting wires with a direct line---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed. Citation Name: 2024 MLD 276 LAHORE-HIGH-COURT-LAHORE GHULAM JAFFAR VS State S. 462-J---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Interference, improper use or tampering with electric meter by domestic consumer---Appreciation of evidence---Benefit of doubt---Withholding the best piece of evidence---Scope---Accused was found involved in committing theft of household electricity by connecting his wires directly to the main line---Record showed that the Surveillance Team of Electric Power Company had not secured the wire allegedly connected with the main line nor produced it before complainant---Prosecution had withheld the best piece of evidence---Undoubtedly, the prosecution's duty was to lay before the Court all material witnesses and case properties secured during the investigation available to it to unfold its case---Non-production of necessary witnesses or material before the Court could be said to mean that the prosecution withheld the best evidence---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed. Citation Name: 2024 MLD 276 LAHORE-HIGH-COURT-LAHORE GHULAM JAFFAR VS State S. 462-J---Interference, improper use or tampering with electric meter by domestic consumer---Appreciation of evidence---Benefit of doubt---Accused was found involved in committing theft of household electricity by connecting his wires directly to the main line---As per the undated recovery memo prepared by complainant, it was only mentioned Single phase Meter No.181232 and nothing was mentioned in the recovery memo that where such Meter was installed---It was not mentioned as to who and when the said Meter was removed or whether the same was sealed after removal from the premises---Perusal of the recovery memo revealed that the consumer's name and the Meter number were changed from the one written earlier after putting 'whitener'---Seizure memo showed that the connection was in the name of son of accused---However, no documentary evidence was produced by the prosecution to establish that the accused was owner of the house---Line Superintendent had deposed during examination-in-chief that they removed the meter from the accused's premises---In the prosecution case, the premises where stolen electricity was used belonged to the accused---Complainant and other witnesses had not produced any proof that the premises belonged to the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed. Citation Name: 2024 MLD 276 LAHORE-HIGH-COURT-LAHORE GHULAM JAFFAR VS State S. 462-J---Interference, improper use or tampering with electric meter by domestic consumer---Appreciation of evidence---Benefit of doubt---Non-recovery of wire connected with the main line---Accused was found involved in committing theft of household electricity by connecting his wires directly to the main line---Record showed that the witnesses had clearly stated that they had removed only a meter of the accused from the place of the occurrence---However, the wire, connected directly with the main cable/line of Electric Power Company, was not taken into possession---Recovery memo of 2-meter wire was not made known to the court---Head Constable/Moharar did not depose a single word that he produced cable attached from the meter before the Investigating Officer and he detached the same from the meter and secured through recovery memo---Recovery memo was allegedly attested by two witnesses---Both the said witnesses were not examined, nor were they cited as prosecution witnesses---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was accordingly allowed.

GHULAM JAFFAR vs State S — 2024 MLD 276 LAHORE-HIGH-COURT-LAHORE

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