STATE OF GUJARAT Vs. BACHUJI GALABJI THAKOR

JUDGEMENT

(1.) This Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by Special Judge, District Banaskantha at Palanpur, on 21st of December, 2004, in Special Case No. 17 of 2003, whereby all the three present respondents came to be acquitted by the Trial Court for the offences punishable under Sections 504, 506(2) and 114 of the Indian Penal Code as well as under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) According to prosecution case, complainant Rameshbhai Valabhai Harijan approached Deesa Rural Police Station on 23rd of November, 2002 with one written complaint and from the said written complaint, a crime came to be registered against the present respondents vide Deesa Rural Police Station C.R. No. I-251/2002 for the offences punishable under Sections 363, 366, 368, 376, 323, 504, 506(2) of the Indian Penal Code and for the offence punishable under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to the prosecution case, as revealed in complaint at Exhibit 15, Babiben, sister of the complainant, was abducted by accused No.1 Bachuji Galabji Thakor on 31st of October, 2002 and thereafter on next day by intervention of other persons and by persuasion, Babiben returned to the house of the complainant. She made complaint against those accused about ill-treating her, but at that that time, no complaint was filed by the complainant on account of fear. Thereafter, from 2nd of November, 2002, Babiben resided at her in-laws house at village Rasana. From there also, according to the complainant, accused No.1 attempted to kidnap Babiben and on 22nd of November, 2002, while Babiben was doing household works in her house at village Rasana at about 6.30 a.m. all the four accused in one jeep car kidnapped by force Babiben and she was confined some where and, therefore the complainant and his family members had been to the accused for release of Babiben and upon such request, the accused were provoked and refused to release Babiben and further gave abuses to the complainant and his family members. Accused also threatened them to kill and insulted their caste and, therefore, the complaint. After investigation by Kesarsinh Mansinh, ASI, Deesa Police Station, a charge sheet came to be filed against the accused for the offences punishable under Sections 504, 506(2) of the Indian Penal Code as well as for the offence punishable under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 to read with Section 114 of the Indian Penal Code. A charge was framed in the said Sessions Case No. 17 of 2003 by learned Special Judge, on 28th of July, 2004, vide Exhibit9. All the four accused pleaded not guilty and, hence, the prosecution examined Rameshbhai Valabhai - complainant at Exhibit 14; Lakhmanbhai Danabhai at Exhibit - 16; Arvindbhai Laxmanbhai at Exhibit 17; Shantaben Laxmanbhai at Exhibit 19; Dahyabhai Mulabhai at Exhibit 20; Manubhai Valabhai at Exhibit 21; Ishvarbhai Vaghabhai at Exhibit 22; Kiritbhai Ramabhai at Exhibit 24; Kesarsinh Mansinh at Exhibit 30 and prosecution produced on record documentary evidence like complaint, occurrence report, etc. After the prosecution evidence was over, statements of each of the accused was recorded by the Trial Court, in which each of the accused denied in toto of the incident as well as the evidence recorded. After hearing the prosecution as well as defence, the learned Special Judge came to the above conclusion of acquitting of the accused from the above said charges and, hence, this Appeal by the State.

(3.) The learned APP Mr. Pradip D. Bhate was heard in detail in respect of this Appeal at this stage. Record and Proceedings of the Trial Court are called for and the same is available with us and learned APP provided xerox copies of the testimonies and the documents produced.