SUJANSINH PIRSINH DEVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. V. C. Vaghela for the appellant and learned APP Mr. K. L. Pandya for the respondent State. Appellant is on bail since filing of the appeal and even during trial.

(2.) The challenge in this appeal is judgment of short sentence of rigorous imprisonment for 3 months with fine of Rs.1000/- and in default of payment further rigorous imprisonment for 1 month under Section 323 of the Indian Penal Code by impugned judgment and order dated 24.06.2010 in Sessions Case No.152 of 2008 by the learned 4th FTC and Additional Sessions Judge of Deesa.

(3.) The appellant has been charged under Section 354, 323, 504, 506(II) of the Indian Penal Code and Section 3(i)(ii) of the Atrocities Act at exhibit 6 on 07.10.2009 with an allegation that on 25.08.2008, at about 7:00 p.m., he has molested and uttered unparliamentary words as well as insulting words against complainant, when complainant has tried to rescue his wife who was being tried to be molested by the appellant, as he has dragged her by catching her hand. The impugned judgment and order confirms that, out of so many serious allegations when there is no evidence for rest of the sections, the conviction was confirmed only under Section 323 of the Indian Penal Code and when neither complainant nor the prosecution has challenged the judgment, now there is no need to enter into the evidence so far as charges or allegation under Sections 354, 506 and 504 of the Indian Penal Code and Atrocities Act are concerned.