STATE OF GUJARAT Vs. HANSABHAI BHAGUBHAI PARMAR

JUDGEMENT

(1.) The applicant is the original complainant-State, which has through learned Additional Public Prosecutor preferred this application seeking leave to prefer an appeal against the judgment and order of acquittal dated 20.01.2020 passed by the learned Additional Special Judge, Banaskantha at Tharad in Special (Atrocity) Case No.33 of 2018 (Old Special (Atrocity) Case No.31 of 2017) acquitting all the accused, for the offences punishable under Sections 435, 436, 427, 295, 452, 147, 149, 323, and 506(2) of the Indian Penal Code and Sections 3(1)(R) (T) and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The Court issued notice on 04.02.2021 and thereafter for the original complainant, learned advocate, Mr.Nirav Padhiyar appeared, whereas for the opponents no one has chosen to appear.

(3.) We have heard the learned APP, who has taken us through the entire evidence oral as well as documentary and has fervently urged this Court as to how the voluminous documentary evidence, which had no requirement of any human intervention or oral evidence has been overlooked by the Court in appreciating the evidence adduced by the prosecution. This, according to her, was a small incident, where the opponent had taken it ill and in the name of religion, they have chosen to ransack the house of the complainant and the injury also had been caused to his brother.