STATE OF GUJARAT Vs. VITTHALBHAI JIVABHAI GONDALIYA

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order dtd. 29/1/2007 in Special Atrocity Case No.15 of 2000 passed by the learned Additional Sessions Judge, Bhavnagar, Camp Mahuva (hereinafter referred to as 'the Trial Court'), whereby, the Trial Court has acquitted the respondent - accused from the offences punishable under Ss. 504 and 506(2) of the Indian Penal Code (hereinafter referred to as 'the IPC ') and Sec. 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Atrocity Act'). The respondent is hereinafter referred to as 'the accused' as he stood in the original case, for the sake of convenience, clarity and brevity.

(2.) The relevant facts leading to filing of the present appeal are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and order passed by the Trial Court, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order passed by the Trial Court is contrary to law, evidence on record and principles of justice. That the judgment and order of acquittal passed by the Court of learned Judge is based on inferences not warranted by facts of the case and also on presumption not permitted by law. The Trial Court has not properly appreciated the oral as well as documentary evidence on record it its true spirit. The Trial Court has committed error in holding that the investigation of the present case has been carried out by the P.S.I who is below the rank of Dy.S.P. and therefore, there is a breach of provision of Sec. 7 of the Atrocity Act. The Trial Court has failed to appreciate the fact that there are direct and indirect evidences connecting the respondent with crime produced in this case. The Trial Court has committed error in holding that the prosecution has failed to prove the case beyond reasonable doubt that the respondent has given filthy abuses to the complainant relating to his caste as well as administered threats to cause death. The impugned judgment and order of acquittal passed by the Trial Court is illegal, invalid, improper, perverse and bad in law and the same deserves to be quashed and set aside.