STATE OF GUJARAT Vs. PRAFULKUMAR CHIMANLAL VYAS

JUDGEMENT

(1.) By way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge and Fast Track Court No.3, Gandhinagar dated 15.04.2004 rendered in Special Case No.37 of 2001, whereby the learned Trial Judge acquitted the original accused opponent herein of the charges for the offences punishable under Sections 509 and 304 of the Indian Penal Code (for short "IPC") and Sections 3(1) and 11 of the Prevention of Atrocities Act. (hereafter as the 'Act')

(2.) The brief facts of the prosecution case are that on 17.01.2000 in the afternoon hours, when the complainant Alpaben was returning from her school, at that time, the respondent-accused intersected the complainant and uttered the words, which were derogatory in nature and were in direct violation of the provisions of the Act, as a result of which the complainant after reaching home set herself on fire by dozing herself with kerosene. Said Alpaben was moved to the hospital for treatment and during the treatment, said Alpaben succumbed to the burn injuries. On the aforesaid facts, a complaint being I-C.R.No.7/20008 was lodged against the accused with Sector-21 Gandhinagar Police Station.

(3.) After completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Trial Court, which was, thereafter, numbered as Special Case No.37 of 2001. Since opponentaccused did not plead guilty and claimed to be tried, he was tried for the alleged offences.