CHANDRAKANT JESANGBHAI PARMAR VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT original complainant has preferred this appeal under section 378 of the Code of Criminal Procedure and challenged the judgment and order of acquittal passed by the learned Special Judge, City Sessions Court on 30.12.2010 in Special (Atro) Case No.14 of 2008 acquitting the respondent accused for the offence under sections 506(2), 294(b) and 114 of the IPC and under section 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Atrocity Act).

(2.) ACCORDING to the prosecution case, on 7.9.2007 between 17:00 and 17:30 hrs., as water was spilled in front of the house of complainant Parmar Chandrakant Jesangbhai, accused No.1 Ahmedmiya Nabimiya picked up altercation using derogatory words in respect of caste of the complainant being a member of Scheduled Caste in public place. In furtherance thereof, on 9.9.2007 at 15:00 hrs. at village Hathijan Cross Roads when all the accused were present, accused No.2 Saiyed Jakirmiya Akbarmiya caused injury with stick to Yakubbhai Ambalal and as complainant Parmar Chandrakant Jesangbhai intervened, accused No.2 Saiyed Jakirmiya Akbarmiya beat him also with stick and used derogatory words in respect of caste of Parmar Chandrakant being a member of Scheduled Caste and insulted him with an intention to humiliate him in public place within public view and used obscene words in the public place and gave threat to cause death.

(3.) IT emerges from the record that the alleged incident took place on 9.9.2007 at 15:00 hrs near Hathijan Cross Roads. But the complaint in respect of the incident was filed on 26.10.2007. Therefore, almost after about one and half months, complaint was filed. There is no explanation with regard to delay in filing of the complaint. Therefore, the conduct of the complainant raises serious doubt with regard to incident.