KISHORKUMAR PRAKASHBHAI PARMAR (DALIT) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal filed by the appellant under Section 372 of the Criminal Procedure Code, 1973 is directed against the judgment and order dated 06.08.2020 passed by the Special Atrocity and 6th Additional District Judge, Banaskantha, Palanpur (hereinafter referred to as 'the Special Court') in Special (Atrocity) Case No.11/2016 whereby the Special Court has acquitted the respondents (original accused) from the charges levelled against them for the offences under Sections 504, 506(2) and 114 of the Indian Penal Code and under Sections 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.

(2.) As per the case of the prosecution, the appellant complainant was doing business of photography in the name and style of 'OK Studio' (Shop) in the commercial complex situated at Palanpur which belonged to Madhavlal Patel the father of the accused No.1 to 4. The complainant was carrying on his business in the said shop since the last more than 45 years. As per the complaint lodged on 06.12.2015, the accused No.1 to 4 had come to the shopping complex under the guise of repairing the stair case angle and as the said complex was very old and in a dilapidated condition, the appellantcomplainant had co-operated with the accused in carrying out the repair work. However, on 09.10.2015, the accused had illegally cut off the electricity of the shop, and on 10.12.2015 the complainant had come to know that the ceiling of the shop was broken by the accused, about which the complainant had informed the neighbours of the shop. Thereafter, at 10.00 a.m. the accused No.1 to 4 came to the shop of the complainant and threatened him to vacate the shop immediately, to which the complainant responded that the accused can initiate legal proceedings that may be available to them. The said accused thereafter, got caught hold of the complainant and started abusing him openly with an intention to humiliate him in public. The complainant therefore lodged the complaint which was registered as C.R. No.3207/2015 for the offences under Section 504, 506(2) and 114 of the Indian Penal Code and under Section 3(1)(10) of the Prevention of Atrocities Act on 11.12.2015.

(3.) The Investigating Officer after completing the investigation had filed the chargesheet before the concerned Court, where the case was registered as Criminal Case No.257/2016. Since the case was triable by the Special Court, the same was transferred to the Special Court where it was registered as Special (Atrocity) Case No.11/2016. The Special Court after appreciating the evidence on record acquitted all the accused from the charges leveled against them. Being aggrieved by the said judgment and order of acquittal, the present Appeal has been filed by the Appellant-complainant.