STATE OF GUJARAT Vs. PATEL AMBALAL DWARKADAS

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 04.04.2001 rendered by the learned Special Judge, Mehsana, in Special (Atrocity) Case No.82 of 1999. The said case was registered against the present respondentoriginal accused for the offences punishable under Sections 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act and under Section 135 of the Bombay Police Act.

(2.) ACCORDING to the prosecution case, complainantRamilaben Keshavlal was staying at Rupal, Taluka: Haripura, Mehsana with her family and was doing labour work. On 09.08.1996, at about 10:30 a.m. when she and her cousin sister Nitaben Shivrambhai Senma went to field of Gabhabhai Lilabhai Patel to collect the plants for camel's food, one Mr.Ambalal Dwarkadas Patelrespondent accused herein came there and told them to come with him at 'Bajri". As the complainant and her cousin sister did not want to go with him, just to outrage their modesty, the respondent accused hold the complainant with her hand and dragged towards the "Bajri". Thereafter, the complainant and her cousin sister started shouting. On hearing of the same, their cousin brother -Amratbhai Naranbhai rushed to the place, but the respondent accused assaulted him with Dhariya therefore, he ran away from the place. Thereafter, the complainant and her cousin sister came back to house and disclosed the entire incident to Laxmanbhai Hirabhai Senma and fatherShankarbhai Nathubhai. As a result of which, the complaint was filed by the complainant before Taluka Police Station, Mehsaha which was registered as C.R.No.I251 of 1996 for the offences punishable under Sections 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act and under Section 135 of the Bombay Police Act. Thereafter, panchanama of the place of offence was carried out and statements of the witnesses were also recorded by the Investigating Officer. Thereafter, the respondentaccuses was interrogated by the Investigating Officer and muddamla Dhariya was also recovered from the possession of the respondent accused. Thereafter, the investigation was carried out by Dy.S.P. and chargesheet was filed before the learned Judicial Magistrate First Class, Mehesana. As the said case was exclusively triable by the Special Judge, learned JMFC committed the case to the Court of learned Special Judge, Mehsana on 18.04.1999 which was numbered as Special (Atrocity) Case No.82 of 1999.

(3.) ON the basis of above allegations, charge was framed vide Exh.6 and readover and explained to the accused for the offence punishable under Sections Sections 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act and under Section 135 of the Bombay Police Act. The respondent accused pleaded not guilty to the charge and claimed to be tried.