STATE OF GUJARAT Vs. ASHOKBHAI SHREERAMBHAI PATIL

JUDGEMENT

(1.) BY way of present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 9.10.2014 passed by the learned Special Judge Atrocity, Principal District Judge, Narmada at Rajpipla, in Special Atrocity Case No.1 of 2014. The said case was registered against the respondent original accused for the offences punishable under Section 504 of the Indian Penal Code and under Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

(2.) ACCORDING to the prosecution case, the complainant Kanchanbhai Kesurbhai Tadvi is doing agricultural work and also giving services as administrator for midday meal scheme. In the same village two Jain Sadhvi reside and they are doing social activities of social reform. This is not liked by ill elements and hence they were trying to get rid of this Sadhvi by compelling them to leave village. In this context complainant and leaders of the nearby villages had given memorandum to Collector. On 16.12.2013, after completing the daily work the complainant went to the bank and at that time he received phone call from Maheshbhai Vasava informing the complainant that Mamlatdar i.e. accused is calling him immediately. Hence the complainant and witness Dineshbhai Balubhai Tadvi went to office of Mamlatdar. The Mamlatdar called them in his office at 5:30 hours in the evening. On introducing himself Mamlatdar got angry and used abusive and filthy language. Dineshbhai told Mamlatdar not to do so and even then he continued and told that "Dhanka Bhila you are trying to venture too much. We know what is your activity. You had made complaint against us." Saying these words the Mamlatdar (accused) had talked in filthy language by using abusive and insulting words against the complainant and threatened to "see" the complainant. Hence the complaint came to be lodged.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him in the Court of learned Special Judge.