(1.) The present Appeal is preferred by the Appellant - State of Gujarat under Sec. 378(1)(3) of the Criminal procedure Code, 1973, against the impugned judgment and order passed in Special Case No. 52 of 2010 by the learned Special Sessions Judge SC & ST, Surendranagar dtd. 28/4/2011, recording the acquittal of the Respondent / Original Accused for the offence under Ss. 504 and 506(2) of the Indian Penal Code and Sec. 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989 (hereinafter referred to as "the Atrocities Act").
(2.) The brief facts of the prosecution case is that on 14/8/2010, at about 9:15 hours, at R.A.Patel School situated at Vadhvan, during recess period, the Respondent / Original Accused opposed weekly test exam held in school library, insulted caste of the complainant and threatened him to kill. Hence, the Complaint was lodged against the Respondent / Original Accused.
(3.) Upon such FIR being filed, investigation started and the Investigating Officer recorded statements of one witness and produced 5 number of documentary evidence, and after completion of the investigation, Charge-sheet was filed against the accused persons for the offences in question. The case was committed to the Sessions Court and the learned trial Judge framed the Charge. Since the accused did not plead guilty, trial was proceeded against the accused. Vide impugned judgment and order dtd. 28/4/2011, the learned trial Judge acquitted the Respondent / Original Accused. Being aggrieved by the same, the State has preferred the present appeal.
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