KASHIBEN CHHAGANBHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Gujarat High Court confirming the conviction of the appellant for offence punishable under Section 427 of the Indian Penal Code, 1860 (in short the 'IPC') and under Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the 'Atrocities Act'). Learned Additional Sessions Judge, Surat at Vyara in Special Case No.19 of 1995 found the accused guilty of offences punishable under Section 427 IPC as well as Sections 3(1)(iv) and 3(1)(v) of the Atrocities Act and sentenced her to rigorous imprisonment for one year and fine of Rs.500/- with default stipulation for the offence relatable to Section 427 IPC and four years for the offence under the Atrocities Act with fine of Rs.1,000/-. The two substantive sentences were not made concurrent. It needs to be noted that the appellant was charged with having committed offence under Sections 427 and 504 as well as Sections 3(i)(x) of the Atrocities Act. The trial judge held that the charge under Section 3(i)(x) has not been proved. But held that the appellant has committed offence punishable under Section 427 IPC as well as under Section 3(i)(iv) and 3(i) (v) of the Atrocities Act.

(3.) Background facts in a nutshell are as follows: