STATE OF GUJARAT Vs. DURGESH MANSUKHLAL IRENPURIYA

JUDGEMENT

(1.) This is an appeal of acquittal preferred by the State of Gujarat under Sec. 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 22.2.2005, recorded by the Special Judge (Atrocity), Gandhinagar in Special (Atrocity) Case No. 49 of 2004.

(2.) It is the case of the prosecution that the complainant -Maheshbhai was working as a constable. While discharging his duty as court duty constable, he was required to serve the summons and to keep watch over the Court's proceedings as well as keeping the Government officials' present in the Court and to receive the necessary correspondence. The complainant has alleged that on 7.5.2004 in the District Court at Gandhinagar, Shri H.K. Patel, Investigating Officer could not remain present for the Court's proceedings and he had received the said information through message from the ACB control room at about 11.25 a.m. and therefore, in order to intimate the aforesaid information, he went to the office of the Government Pleader. However, as he could not find the Government Pleader, therefore, he directly informed the Hon'ble Court through a message. It is further the case of the prosecution that the said act irked the accused and the accused behaved with him roughly and abused him and the accused uttered derogatory words concerning his caste. The accused had also threatened him to get him out of his job and thereby prevented from discharging his lawful duty and therefore, the complainant has lodged a complaint for the offences punishable under Ss. 332, 342, 506(1) of the Indian Penal Code read with Sec. 3(1)(10) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) In pursuance of the aforesaid complaint, the Police recorded statement and after completion of investigation, filed charge -sheet which came to be committed to the learned trial Court. After conclusion of trial and hearing, the learned trial Court acquitted the accused from all the charges levelled against him. Therefore, the present appeal.