STATE OF GUJARAT Vs. PATEL JIVANBHAI POLABHAI

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. 28/10/2009 in Special Atrocity Case No.23 of 2009 passed by the learned Special Judge (Atrocity), Mehsana (hereinafter referred to as 'the Trial Court'), whereby, the Trial Court has acquitted the respondents - accused from the offences punishable under Ss. 323, 504, 506(2) and 114 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') and Sec. 135 of the B.P.Act. The respondents are hereinafter referred to as 'the accused' as they stood in the rank and file 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. The Trial Court has erred in appreciating the oral as well as documentary evidence produced by the prosecution in its true spirit and straightway arrived at the conclusion that the prosecution has failed to prove the case beyond reasonable doubts. The Trial Court has failed in appreciating that it is settled legal position that the evidence of a single witness is sufficient for conviction if the same is reliable and trustworthy. The Trial Court has committed a grave error by disbelieving and discarding the evidence of the witnesses without any cogent reasons even though the witnesses are reliable and trustworthy. The Trial Court has failed in considering the evidence produced by the complainant and the witnesses that the accused have used filthy language in public. 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.