STATE OF GUJARAT Vs. NIRAJ PATEL

JUDGEMENT

(1.) The appellant State of Gujarat has preferred Criminal Appeal No.513 of 2007 under section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 15.1.2007 rendered by learned Special Judge, Fast Track Court No.3, Bharuch camp at Ankleshwar in Special Atrocity Case No.38 of 2005, whereas the complainant has preferred Criminal Appeal No.472 of 2011 against the aforesaid impugned judgment and order of acquittal.

(2.) The short facts giving rise to the present appeals are that on 29.8.2005 the complainant has filed the complaint before the court of learned Judicial Magistrate, First Class, Valiya stating the fact that at about 10.00 hours early in the morning when the complainant has gone to purchase vegetables after parking Bollero Car No.GJ 16 K 6444 on one side of Netrang Char Rasta, the respondent accused came near the car and demanded papers from Dilipbhai which were shown by him. It is alleged that the respondent accused has also told Dilipbhai that car has been parked on wrong side and hence he was directed to take car at the police station and thereafter issued memo of Rs.5000/- as a fine. It is alleged that thereafter the respondent accused snatched away Rs.2000/- and asked to bring Rs.3000/- from others. It is alleged that the respondent accused also abused the complainant, inflicted 25 to 30 blows with stick and also administered threat to involve in a false case. Hence, the complaint came to be lodged against the respondents accused.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.