STATE OF GUJARAT Vs. PTEL LAVJI RANCHHOD

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and order dated 21.9.1993 passed by the learned Addl. Sesions Judge, Gondal in Sessions Case No. 51/1993, whereby, the present respondent has been acquitted for the offence punishable under sec. 337 & 504 of IPC and under sec. 3(10) of Prevention of Scheduled Caste & Scheduled Tribes (Atrocities) Act.

(2.) The case of the prosecution is that on 2.3.1991 the respondent has abused the husband of the complainant and injured the complainant and, thereafter the complaint was lodged and they have also taken treatment in the hospital. To prove the case against the respondent, the prosecution has examined following witnesses:

(3.) The prosecution has also produced the documentary evidence on record and the trial court has discussed the same in detailed in para-7 to 10 of the judgment. Apart from that there is contradiction in evidence of witnesses. The learned APP Mr. Raval for the appellant was not in a position to show the evidence on record to reverse the finding of the trial court. The principle which would govern and regulate the hearing of appeal by this Court against an order of acquittal passed by the trial Court have been very succinctly explained by the Apex Court in a catena of decisions. This Court has the power to re-consider the whole issue involved in the appeal, re-appraise the evidence and come to its own conclusion and findings in place of the findings recorded by the trial Court, if the said findings are against the weight of the evidence on record or, in other words, perverse. Even in a recent decision of the Apex Court in the case of State of Goa v. Sanjay Thakran & Anr. Reported in (2007)3 SCC 755, the Court has reiterated similar principle. In para-16 of the said decision, the Court has observed as under: