STATE OF GUJARAT Vs. PATHUBHAI SHAILARBHAI MOBH

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal, dtd. 16/6/2012, passed by the learned 2nd Additional Sessions Judge, Rajula, in Special Case No.9 of 2011, for the offences punishable under Ss. 323, 504, 506(2), 114 of the Indian Penal Code and under Sec. 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the appellant - State of Gujarat has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").

(2.) The prosecution case as unfolded during the trial before the lower Court is that the accused persons came in front of the house of the complainant on 28/4/2009 at about 20.30 hours and asked the witness-Mukeshbhai to tie the dog with chain, to which he denied and therefore the accused no.1 slapped Mukesh and upon the intervention of the complainant, accused persons abused them and insulted them regarding their caste in public place and thereby humiliated them and gave threats of killing; that the accused persons had abused the complainant by insulting his caste in public place and thereby humiliated him and also administered threat of killing the complainant. Therefore, the complaint was lodged.

(3.) After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge-sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Special Court, the learned Magistrate committed the case to the concerned Special Court where it came to be registered as Special Case No.9 of 2011. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.