LAWS(GJH)-2022-11-61

SITABEN Vs. STATE OF GUJARAT

Decided On November 29, 2022
SITABEN Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 2/5/2022 passed by the learned Special Judge (Special Atrocity Court), Deesa in Special (Atro) Case No.10 of 2016, whereby the respondents accused came to be acquitted for the offences punishable u/s 504, 506(2), 306, 114 of the IPC and u/s 3(1)(10) and 3(2)(5) of the Atrocity Act, the appellant - original complainant has preferred present criminal appeal u/s 372 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated, on 15/8/2014, theft has taken place in Goga Maharaj Temple situated in the sim of village Anapur and keeping the doubt in the mind, the private respondents herein - original accused persons gave foul abuses to the complainant and her son Ashokbhai so also uttered filthy words on the caste of the complainant. Thereafter, the complainant lodged the complaint with regard to the incident before Dhanera Police Station.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant documentary evidence for the purpose of proving the offence. After having found material against the respondents accused, charge-sheet came to be filed in the Court of learned JMFC, Dhanera. As said Court lacks jurisdiction to try the offence, it committed the case to the Special Court (Atrocity), Deesa as provided under sec. 209 of the Code.