LAWS(GJH)-2022-8-7

JASODABEN MAGANBHAI RATHVA Vs. JIGNESHKUMAR JAYANTIBHAI MODI

Decided On August 04, 2022
Jasodaben Maganbhai Rathva Appellant
V/S
Jigneshkumar Jayantibhai Modi Respondents

JUDGEMENT

(1.) Since both these appeals arise out of the common judgment and order, the same were heard together and are being decided by this common judgment and order.

(2.) These appeals, under the provisions of Ss. 372 and 378 of the Criminal Procedure Code, 1973 (CrPC) respectively, have been filed by the original complainant and the State assailing the judgment and order dtd. 3/9/2012, passed in Atrocity Case No. 4 of 2010 by the learned 3 rd Additional Sessions Judge, Chhotaudepur, recording the acquittal.

(3.) Facts in brief are that on 27/3/2010, when the original complainant was going on Active motorcycle as pillion rider along with one Minitaben at whose place, the original complainant was serving, the respondent - accused got stopped the vehicle, and first threatened Minitaben to kill keeping grudge of Court case as also to implicate her husband. Thereafter, the respondent - accused also threatened the complainant to get committed rape on her if she would not leave job at Minitaben's place. Further, the respondent - accused also abused the complainant of her caste. Thus, the accused committed the offences punishable under Ss. 341 and 506(2) of the Indian Penal Code, 1860 (IPC) and Sec. 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 (Atrocity Act) for which, FIR came to be registered against him.