Mahaveer v. State of Maharashtra 2025 INSC 1206 -Electricity Act -Theft Of Electricity
Indian Electricity Act, 1910 - Section 39 -For the presumption against the consumer to take effect, it must be proved that an artificial means or a means not authorised by the licensee had been used in committing the theft. In other words, the presumption is not of automatic application, and instead,something is required to be established for it to apply. (Para 13)
Constitution of India - Article 136 - Reversal of acquittal by the High Court in exercise of its appellate jurisdiction in and of itself does not call upon this Court to reappreciate the entire evidence when an appeal is preferred by special leave under Article 136 of the Constitution of India. (Para 11)
Case Info
Case Details
Case name: Mahaveer v. State of Maharashtra and Anr.
Neutral citation: 2025 INSC 1206.
Coram: Justice Sanjay Karol and Justice Prashant Kumar Mishra.
Judgment date: October 8, 2025.
Caselaws and citations
- “Ramesh Babulal Doshi v. State of Gujarat, (1996) 9 SCC 225.”
- “Kalamani Tex v. P. Balasubramanian, (2021) 5 SCC 283.”
- “C.K. Dasegowda v. State of Karnataka, (2014) 13 SCC 119.”
- “State of U.P. v. Banne, (2009) 4 SCC 271.”
- “Ghurey Lal v. State of U.P., (2008) 10 SCC 450.”
- “Ram Jag v. State of U.P., (1974) 4 SCC 201.”
- “Rohtas v. State of Haryana, (2019) 10 SCC 554.”
- “Raveen Kumar v. State of H.P., (2021) 12 SCC 557.”
- “Satya Narain Prasad v. Bhagwan Ramdas, 1995 Supp (4) SCC 629.”
- “Avtar Singh v. State of Punjab, (1965) 1 SCR 103 : AIR 1965 SC 666.”
- “Vadivelu Thevar v. State of Madras, 1957 SCC OnLine SC 13.”
Statutes/laws referred
- Indian Electricity Act, 1910: Sections 39 (Theft of energy) and 44 (Penalty for interference with meters/use).
- Code of Criminal Procedure, 1973: Sections 313, 248(1), 452, and 378 (as referenced for appellate powers).
- Constitution of India: Article 136 (Special leave jurisdiction).
- Indian Penal Code, 1860: Theft provisions referenced via Section 39’s legal fiction.
