STATE OF GUJARAT Vs. LALO @ PRAVIN BALVANTJI THAKOR

JUDGEMENT

(1.) THIS application has been filed by the applicant ­ State of Gujarat, seeking leave to appeal against the judgment and order dated 16-5-2012, rendered by the learned Special Judge/5th Additional District Judge & Additional Sessions Judge, Banaskantha, Palanpur,in Special Atrocity Case No.68 of 2010, whereby the respondents have been acquitted of the charges under Sections 323,504 and 114 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("the Atrocities Act" for short).

(2.) BRIEFLY stated, the case of the prosecution is that on 2-9-2010, the complainant Dipikaben was sitting in the compound of her house at about 9.00 P.M. At that time, respondents Nos.1 and 2 were sitting in the adjoining house of respondents Nos.3 and 4 and were looking at the complainant and uttering bad words. On the complainant telling them not to say such things, respondents Nos.3 and 4 started abusing her. They came to her house, where they gave her and her daughter Sapna kick and fist blows and said "Saali Dhedhan ane Bhilan, tu amone sha mate aavu bole che" ("... why are you speaking in that manner"). In the commotion that followed, PW-2, who lived nearby, intervened and separated the quarrelling factions. In the quarrel, the complainant lost her Nokia mobile phone.

(3.) IN support of its case, the prosecution has examined ten witnesses and produced eight documents as evidence. After appreciating and examining the evidence, at the conclusion of the trial, the Trial Court recorded findings of acquittal in favour of the respondents.