THE STATE OF GUJARAT Vs. MAFATBHAI GABHABHAI RABARI

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 31.5.2005 rendered by learned Presiding Officer, Fast Track Court No.7, Gandhinagar in Special Atrocity Case No.10 of 2005.

(2.) The short facts giving rise to the present appeal are that in the sim of Dhanij village of Dehgam Taluka near nava dharo, the complainant and her two sisters were going for collecting wood, accused No.1 abused concerning the caste, caught hold of the wrist of the complainant, dragged and assaulted her. It is alleged that accused Nos.2 and 3 also abused and caused injuries by biting. Therefore, the complaint came to be registered by the complainant on 7.12.2004 about the incident which was occurred on 2.12.2004.

(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.