STATE OF GUJARAT Vs. KHATKI BHATTI FARUQ

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 11/4/2008 passed by the learned Special Judge Dhrangdhra, in Special Case No.28 of 2005 for the offences punishable under Ss. 323 and 354 of the Indian Penal Code and Sec. 3(1)11 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) 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 20/6/2007, at about 11:00 a.m., when she went for toilet at public toilet, the accused entered into the toilet forcefully and caused injuries to her and tried to commit rape. Therefore, the complainant lodged a complaint against the present accused with the Dhrangdhra City Police Station being C.R.- I No.61 of 2005 for the offences punishable under Ss. 323 and 354 of the Indian Penal Code and Sec. 3(1)10 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(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 for the offences punishable under Ss. 323 and 354 of the Indian Penal Code and Sec. 3(1)11 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 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 Case No.28 of 2005. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.