STATE OF GUJARAT Vs. USMAN MOHMED RAJAKKHAN

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 18.11.2006 rendered by learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.2, Surat in Special Atrocity Case No.6 of 2006.

(2.) The short facts giving rise to the present appeal are that the complainant filed the complaint before Chowk Bazar Police Station, Surat stating the fact that on 24.2.2006 at about 12.30 hours while he was sitting with his friend, the respondent was also sitting there on Pan Galla. It is alleged that the respondent accused gave filthy abuses to the complainant concerning his caste and also administered threat to him in the presence of the prosecution witnesses. Hence, the complaint came to be lodged against the respondent accused.

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