STATE OF GUJARAT Vs. MAHENDRAKUMAR GANDAJI RATHOD

JUDGEMENT

(1.) BY way of present appeal, filed under Section 378(1)(3) of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 18.3.2014 passed by the learned Special Judge and Additional Sessions Judge, Gandhinagar, in Special Atrocity Case No.03 of 2013. The said case was registered against the respondents original accused for the offences punishable under Sections 504, 506(2) read with Section 114 of the Indian Penal Code and under Sections 3(1)(10) of the Prevention of (Scheduled Caste and Scheduled Tribe) Atrocities Act.

(2.) ACCORDING to the prosecution case, the complainant Dahiben Bhunabhai Karshanbhai Solanki residing at Vasna Rathod Village, Taluka : : Dehgam gave complaint at Dahegam Police Station stating that on 25.9.2012 when the complainant went to the place of offence at about 4:00 p.m. at that time respondents accused were going from near to the house of complainant. The daughter of complainant had love marriage with one Alpesh Ghanshyamsinh Rathod. Therefore, the respondents accused have kept animosity with the complainant. At that time the respondents gave filthy abuses to the complainant. It is the case of the complainant that the complainant belongs to the scheduled caste and scheduled tribe and he was humiliated in the public by the respondents accused by using derogatory language against his caste and further the complainant was threatened by the respondents accused. Hence the complaint came to be lodged.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused persons were arrested and, ultimately, chargesheet came to be filed against them in the Court of learned Special Judge.