STATE OF GUJARAT Vs. NARAN RAMJI PATEL

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 2.2.1993 passed by the learned Special Judge, Kachhchh at Bhuj, in Criminal Case No.16 of 1990, whereby the accused have been acquitted from the charges leveled against them. The brief facts of the prosecution case are as under:

(2.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.

(3.) LEARNED APP Ms. Punani for the appellant - State submitted that the complainant produced caste certificate at Exhibit 10 and affidavit at Exhibit 11 showing the caste of the complainant. This is a case against the member of Schedule Caste and Scheduled Tribes and it is established through the evidence of witnesses examined during the trial that the accused had uttered the words against the caste of the complainant and other persons and therefore, the ingredients under Section 3(1) (10) of the Atrocities Act are proved. She further submitted that the learned Special Judge ought to have considered the certificate pertaining to the caste of the complainant in true spirit, but the same has not been considered and therefore, the order of acquittal is required to be dismissed and the accused may be punished for the charges levelled against him. The incident was occurred at public place and therefore, the say of the eye -witnesses is required to be believable and there is no reason to disbelieve the case of the prosecution by the learned Special Judge.