STATE OF GUJARAT Vs. JENTILAL KHODABHAI RABADIYA

JUDGEMENT

(1.) The 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 and Additional Sessions Judge, Jamnagar (hereinafter referred to as "the learned Trial Court") in Special Atrocity Case No. 33/2006 on 22/6/2007, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Ss. 354 of IPC and Sec. 3(1)(11) 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.) Being aggrieved and dissatisfied with the judgement and order of acquittal, the appellant State has filed the present appeal mainly stating that the learned Trial Court has not considered the oral and documentary evidences in proper perspective and has erred in holding that the prosecution has failed to prove the case beyond reasonable doubts. The complainant has fully supported the case of the prosecution and the caste certificate of the complainant is produced on record. The learned Trial Court has not considered the evidences produced on record and even though there is nothing on record that the incident has not occurred, the learned Trial Court has disbelieved the case of the prosecution. 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 and hence, the impugned judgement and order must be quashed and set aside.