STATE OF GUJARAT Vs. VAGHELA MANSANGHJI MULUJI

JUDGEMENT

(1.) The present present appeal is filed by the appellant State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special Judge (Atrocity), Mehsana (hereinafter referred to as "the learned Trial Court") in Special Atrocity Case No. 17/2007 on 5/10/2007, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Ss. 323, 504 and 506(2) of IPC and Ss. 3(1)(10) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act").

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

(3.) After the learned APP filed the closing pursis at Exh. 26, the further statement of the accused under Sec. 313 of the Code of Criminal Procedure, 1973 was recorded, wherein, the accused denied all the evidence of the prosecution on record. The accused denied to step into the witness box or examine witnesses on their behalf and stated that a false case has been filed against him. After the arguments of the learned APP and the learned advocate for the accused were heard, the learned Trial Court by the impugned judgement and order was pleased to acquit the accused from the charges levelled against them.