STATE OF GUJARAT Vs. GOPALJI NATAJI

JUDGEMENT

(1.) The present appeal, under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), is directed against the judgment and order of acquittal dated 06.10.2005 passed by the learned Presiding Officer, Fast Track Court No. 9, Palanpur in Special Case No. 33/2000, whereby the learned Trial Judge acquitted the original accused of the charges for the alleged offences.

(2.) The brief facts of the prosecution case are that the on 16.11.1999 in the afternoon at about 12 hours at village: Changa, the respondent accused has caught hold of victim Vijaben d/o. Dhanabhai Khengarbhai Harijan and taken her away from field and thereby committed offence against chastity of woman by taking benefit of her loneliness, therefore, victim shouted for help. In the meantime, prosecution witness Mansungbhai Amthabhai on hearing shouts, came to the spot of incident and on seeing them accused ran away from the place of incident. Therefore, complainant had gone to the house of accused and gave rebuke. The accused got enraged and gave filthy abuses to the complainant relating to his case by using abusive words mentioned in the memo of appeal and thereby committed offence. On these facts, the complaint was filed before the Thara Police Station for the alleged offences under Sections 354, 323, 504 of Indian Penal Code as well as Section 3(1)(10) of Prevention of Atrocity Act, vide C.R. No. I-122 of 1993.

(3.) At the time of trial, evidence was led before the trial Court. The documents were produced and oral evidence of the witnesses were also recorded by the learned Magistrate Court and as the offence committed by the accused person was exclusively triable by learned Sessions Court, the same committed to the Court of learned Presiding Officer, Fast Track Court No. 9, Banaskantha at Palanpur under Section 209 of Code of Criminal Procedure, 1973, which was numbered as Special Case No. 33 of 2000, where the respondent has not pleaded guilty to the charges levelled against him and claimed to be tried. Before the Trial Court, prosecution has examined complainant, Panch witnesses and other prosecution witnesses who were supporting the case of the prosecution. The prosecution has also relied upon the documentary evidence in support of oral evidence laid by prosecution before the trial Court. At the end of the trial, the learned Judge after appreciating necessary evidence laid down by the prosecution was pleased to acquit the respondent by his judgment and order of acquittal dated 06.10.2005 for the offenses with which he was charged.