STATE OF GUJARAT Vs. BHOLABHAI VIRABHAI VANARKA (AHIR)

JUDGEMENT

(1.) Challenge In This Appeal Is To The Judgment and order dated 02.11.2006 passed by the learned Special Judge, Bhavnagar, Camp at Mahuva in Special (Atro.) Case No.18/2006 whereby, the respondent, original accused, has been acquitted of all the charges framed against him.

(2.) The Brief Facts Of The Prosecution Case Are as under; The original complainant, Pravinbhai @ Kalubhai Najabhai Chudasama, is a resident of Village Thadach, Taluka Palitana, District Bhavnagar and was earning his livelihood by doing the work of diamond polishing. He had four sisters, two amongst them were married and were residing at their matrimonial home whereas, the third sister Hiru and the youngest sister were unmarried and were residing along with the complainanat. It is the case of prosecution that on 14.04.2005 at around 0600 hrs., the youngest sister of complainanat, the victim herein, had gone to the open space in the Village to attend nature's call. At that time, the respondent herein, original accused, enticed the victim on the pretext of marriage and thereafter, took her to the house of his paternal aunt. However, the victim was rescued by the complainant and his friends. While they were returning to their Village, the accused created obstacle by parking his fourwheeler (Jeep) on their way. When the complainanat stopped his motorcycle, the accused hurled abuses at him and about his caste.

(3.) A Complaint In Connection With The Aforesaid incident was lodged before the concerned Police Station for offences punishable u/s.363, 366, 341, 506(2) and 504 IPC and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Necessary investigation was carried out and statements of witnesses were recorded. At the end of investigation, chargesheet was filed against the accused.