STATE OF GUJARAT Vs. KANTIBHAI BHAGABHAI BHARVAD

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 16/8/2010, passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.2, Ahmedabad(Rural), Viramgam, in Special (Atrocity) Case No.6 of 2010, for the offences punishable under Ss. Ss. 323, 504 and 114 of the Indian Penal Code, Sec. 135 of the Bombay Police Act and Ss. 3(1)(10) of the Atrocity Act, the appellant - State of Gujarat has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").

(2.) The prosecution case as unfolded during the trial before the lower Court is that on 8/3/2007, in the evening complainant along with his cousin brother after crossing road near Sachana Bus Stand going for nature's call and at that time accused persons armed with stick stood near the Bus Stand and having seen the complainant humiliated him about his caste in public place and asked that why did they come here even though they have been denied and started abusing him. Thereafter, complainant asked him as to why did he abuse him, accused Kantibhai gave stick blow on left side leg of complainant and accused - Dhirubhai slapped him. Whereas, Harshadbhai, cousin brother of complainant who intervened to save complainant also beaten by accused Amratbhai with stick and injured on his finger as well as accused caught hold his neck. Thus the accused insulted the complainant and caused injuries with stick and insulted about his caste of complainant and humiliated him in public place.

(3.) After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge-sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court where it came to be registered as Special (Atrocity) Case No.6 of 2010. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.