STATE OF GUJARAT Vs. KADAR MOHMEDBHAI PATANI

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 21.03.2005 rendered by the learned Special Judge (Atrocity), Kutch, Bhuj, in Special Case No.03 of 2002. The said case was registered against the present respondent -original accused for the offences punishable under Sections -354, 509, 504, 506(2) and 323 of the Indian Penal Code, under Section -3(1)(x)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act.

(2.) ACCORDING to the prosecution case, on 04.11.1998, while sister of the complainant had gone for taking her payment from the respondent -accused, the respondentaccused asked her to serve glass of water and while sister of the complainant had gone to serve glass of water, the respondent -accused caught hand of her and made illegal demand from her. Therefore, sister of the complainant informed the said facts to the complainant and while complainant had gone to reprimand the accused, the respondent -accused beaten the complainant and gave filthy abuses relating to his caste as well as gave threats.

(3.) ON the basis of above allegations, charge was framed vide Exh.1 and read -over and explained to the accused for the offence punishable under Sections - 354, 509, 504, 506(2) and 323 of the Indian Penal Code, under Section - 3(1)(x)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act. Then, plea was recorded vide Exh.2 and respondent -accused pleaded not guilty to the charge and claimed to be tried.