STATE OF GUJARAT Vs. JAMIYATKHAN MOHMEDKHAN BALOCH

JUDGEMENT

(1.) Here is the appeal by the State against the judgment and order of acquittal.

(2.) Being aggrieved and dissatisfied by the judgment and order dtd. 26/6/2009 passed by the learned Special Judge (Atrocity Court), Gandhinagar in Special (Atrocity) Case no. 8 of 2009, acquitting the respondents ' original accused nos.2 to 4 from the offences Ss. 363, 366 and 376 read with Sec. 114 of the Indian Penal Code, 1860 ('IPC", for short) and Sec. 3(2)(5) the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('Atrocity Act", for short), the State has preferred instant appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (old) ('Cr.P.C.' for short).

(3.) This Court has heard Mr.L.B. Dabhi, learned APP for and on behalf of the appellant ' State. Despite of service of notice, respondents original accused have chosen to remain absent.