JERAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the appellant- original complainant under Sec. 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities), Act, 1881 (hereinafter referred to as Atrocities Act) against the judgement and order of acquittal passed on 03/10/2023 by the learned Special Judge (ATRO) and 2nd Additional Sessions Judge, Morbi (hereinafter referred to as "the learned Trial Court") in Special (ATRO) Case No. 12 of 2016, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Ss. 323, 504, 506(2) and 114 of the Indian Penal Code, 1860 ( hereinafter referred to as the IPC) and Sec. 3(1)(r)(s), 3(2)(5-a) of the Atrocities Act . 1.1 The respondents are hereinafter referred to as the accused in the rank and file as they stood in the original case for the sake of convenience, clarity and brevity.

(2.) The brief facts that emerge from the record of the case are as under:

(3.) Being aggrieved and dissatisfied with the said judgement and order of acquittal, the appellant - original complainant has filed the present appeal mainly stating that the impugned judgement and order of acquittal passed by the learned Trial Court is contrary to law and evidence on record and the learned Trial Court has not appreciated the fact that all the witnesses have supported the case of the prosecution and during the cross-examination, nothing adverse has been elicited in favour of the respondents. The case has been proved beyond reasonable doubts and the prosecution has successfully established the case against the respondents and the judgement and order of acquittal is unwarranted, illegal and without any basis in the eyes of law and the reasons stated while acquitting the respondent are improper, perverse and bad in law. Hence the impugned judgment and order passed by the learned Trial Court deserves to be quashed and set aside.