THE STATE OF GUJARAT Vs. SANDIP NARSIBHAI PATEL

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat, under Section 378 (3) of the Criminal Procedure Code, 1973, against the judgment and order of acquittal dated 11.8.2006, recorded by the Presiding Officer, Fast Track Court No.6, Ahmedabad (Rural) Navrangpura, in Special Atrocity Case No.18 of 2005.

(2.) It is the case of the prosecution that on 3.11.2004, at about 12:30 hours, the complainant and his father went to site viz. Alankar Appartment where accusedSandipbhai Narsinhbhai and some unknown persons humiliated the complainant's father by speaking derogatory words concerning his caste and also threatened him by saying if you come here again he would be fallen down by them from 5th floor and the accused persons snatched Rs.4,700/, one parker pen and golden chain weighing 20 gm. Again on 23.11.2004, the father of the complainant went to site where accused and some unknown persons threatened his father and humiliated the complainant's father by speaking derogatory words concerning his caste. Accordingly, a complaint for the offences punishable under Sections 506 (2), 384 read with Section 114 of the Indian Penal Code and under Section 3 (1) (x) of the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, was filed before Vejalpur Police Station.

(3.) In pursuance of the aforesaid complaint, the Police recorded the statements of the witnesses and after completion of investigation, filed chargesheet which came to be committed to the learned trial Court.