(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Premal Joshi for the respondent at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 9/7/2012 passed by the learned Special Judge & Additional Judge, Khambhalia in Special (Atrocity) Case No. 03 of 2011 for the offences punishable under Ss. 504 506 (2) and 114 of Indian Penal Code & Sec. 3 (1) (10) of Atrocity Act.
(3.) The brief facts of the case are that on 30/04/2007 at about 03:00 to 03:30 p.m., accused had abused complainant over telephone and thereby committed offence punishable under Sec. 504 of the IPC. It is also the case of prosecution that on 30/04/2007 at about 06:00 p.m., while the complainant was coming back from service, accused had come on motorcycle and administered threat of killing complainant and also insulted his caste in public place and thereby humiliated him. The original accused also insulted his caste. The complaint was lodged, investigation was carried out, Panchnama was drawn and statements of the witnesses were recorded. As sufficient evidence to link the accused with the crime were found, a charge sheet came to be filed against the respondent-accused for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution led evidence and on the conclusion of the trial, the learned Special Judge & Additional Judge, Khambhalia passed the order of acquitted. Therefore, appellant State of Gujarat has preferred appeal under sec. 378(1)(3) of Criminal Procedure Code , 1973 against order of acquittal.