(1.) This appeal is preferred by the appellant - State under Sec. 378(1) (3) of the Criminal procedure Code, 1973 (Code) against the judgment and order dtd. 25/5/2010 passed in Special (Atrocity) Case No. 21 of 2008 by the learned Special Judge (Atrocity), Panchmahals at Godhra, recording the acquittal of the respondents - original accused for the charges under Ss. 294, 354, 504 and 114 of the Indian Penal Code, 1860 (IPC) and Sec. 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocity Act").
(2.) Brief facts of the prosecution case are that Daxaben Nanabhai Amin registered a complaint against the respondents - accused with Kothamba Police Station, which was registered as I-CR No. 33/08 for the offences punishable under Ss. 294, 354, 504 and 114, IPC and Sec. 3(i)(x) of the Atrocity Act. It is the case of the prosecution that complainant - Daxaben Nanabhai Amin was performing her duties as an Assistant Teacher in Navjivan High School situated at Thana Savli village. The complainant was a divorcee. In the school, the respondent No. 1 herein was serving as a Principal, who allegedly, harassing and molesting the complainant saying that the complainant had a illicit relation with one Rajendrakumar Gadhvi, who was also serving in the same school, for which, the complainant also complained to the President of the school, who called the staff meeting on 10/2/2004, pursuant to which, the respondent No. 1 also orally apologized.
(3.) On the basis of the said complaint, investigation was initiated and after thorough investigation as there was sufficient evidence against the respondents - accused persons, charge-sheet was filed before the learned Judicial Magistrate First Class, Lunavada. As the offence was exclusively triable by the Court of Sessions, as per the provisions of Sec. 209 of the Code, the case was committed to the Court of Sessions, where, it was numbered as Special (Atrocity) Case No. 21 of 2008. Thereafter, Charge was framed against the accused persons and as the accused pleaded not guilty to the charge and claimed to be tried, trial commenced. To prove the case, the prosecution has examined as many as 17 witnesses and produced several documentary evidence. On conclusion of the trial, the learned trial Judge was pleased to acquit the accused persons. Being aggrieved by the same, the State has preferred the present appeal.
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