STATE OF GUJARAT Vs. RANCHODBHAI MALABHAI VANSH

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 20.11.2004 rendered by the learned Special Judge (Prevention of Scheduled Caste and Scheduled Tribe) and Additional Sessions Judge, 5th Fast Track Court, Veraval, in Atrocity Sessions Case No.31 of 2001. The said case was registered against the present respondentsoriginal accused for the offences punishable under Sections -354, 504, 506(2), and 114 of the Indian Penal Code and under Section -3(i)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

(2.) ACCORDING to the prosecution case, on 04.04.2001, at 23:00 hours, Dayuben, who was the victim and Benaben Babubhai, Meenaben Kanubhai went near Rammandir to fetch water. Dayuben and others reached near the house of Koli Vashram Karsan of Vansoj village. At that time, accused No1. -Ranchhod Malabhai caught hold victim Dayuben and took her in his arms and tried to molest her. The victim Dayuben shouted and other persons rushed to the place. Thereafter, accused No.1 ran away from the place of offence. Thereafter, Kanubhai and his motherMadhuben Tabhabhai went to the house of the Ranchhodbhai Melabhai and rebuked them. The accused No.2 is the cousin brother of accused No.1. Both the accused and Bhikharam were present. All three person got excited and threatened that if the they filed any complaint, they they would kill them. As a result of which, the complainant filed the complaint against the respondents -accused before the Una Police Station bearing registration No.I -C.R.No.0087 of 2001 for the alleged offence as stated above. Then, investigation was carried out and statements of the witnesses were recorded. Then, panchnama of place of offence was drawn and special report was submitted. The, charge -sheet was filed against the respondents -accused for the alleged offece before the learned Judicial Magistrate First Class, Una, which was numbered as Criminal Case No.509 of 2001. As the said offences were exclusively triable by the Sessions Court, learned Chief Judicial Magistrate, Una, committed the said case to the learned Special Judge (Prevention of Scheduled Caste and Scheduled Tribe) and Additional Sessions Judge, 5th Fast Track Court, Veraval, which was numbered as Atrocity Sessions Case No.31 of 2001.

(3.) ON the basis of above allegations, charge was framed vide Exh.4 and read -over and explained to the accused for the offence punishable under Sections -354, 504, 506(2), and 114 of the Indian Penal Code and under Section -3(i)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Then, plea was recorded vide Exh.5 and 6 and respondents -accused pleaded not guilty to the charge and claimed to be tried.