STATE OF GUJARAT Vs. NATWARBHAI SOMABHAI PATEL

JUDGEMENT

(1.) The appellant - State has preferred present Appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, against the impugned judgment and order dated 12.2.2007 passed by the learned Special Judge, 12th Fast Track Court, Nadiad, in Special Atrocity Case No.8 of 2006, by which the learned Special Judge acquitted the respondent - original accused for the offences punishable under Sections 323, 376(2)(g), 323, 506(2), 114 of the Indian Penal Code and Sections 3(1)(10)(11)(12) and 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(2.) As per the case of the prosecution, the complainant filed the complaint by narrating that since 1992, the complainant was working in Tribal community boys/girls Hostel, situated in Santram High School at Kesara. The complainant worked as cook since 1998 and as a Trustee since about one year from the date of incident. As per the case of the complainant, in that institute, the accused was working as a Managing Trustee and also as a Principal. The complainant belongs to Schedule Tribe community and has studied upto old S.S.C. As per the case of the prosecution, in 1992, the complainant was working as Assistant to the Grumata of the Uttar Buniyad School situated in Chichipada village of Dang District and the complainant's family uncle's daughter namely Kalaben, wife of Girishbhai Dolatbhai Desai was working as Gruhmata in that school. It is also the case of the complainant that said Girishbhai had retired from the post of Principal from that school. As per the case of the prosecution, the said Girishbhai had gone for assessment of papers of S.S.C. Board Examination, he had met with the accused. When he had returned, he told the complainant that there is a trust in the Kesara village and the accused told him to give the job to the complainant. It is also the case of the complainant that the complainant's parents had been expired and she was not married and also she was having one brother and therefore, she was in need of job.

(3.) After filing of closing purshis by the prosecution side, the statements recorded under Section 313 of the Code of Criminal Procedure, the accused disclosed before the learned trial Judge that the complaint has been wrongly filed against him as he has not committed any offence. Thereafter, hearing both the parties, the learned trial Judge has acquitted the accused for the charges levelled against him.