KHODABHAI MELABHAI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD ld. Counsel Mr. NS Desai for the appellants -accused and ld.APP Ms. Darshana Pandit for the State.

(2.) THE appellants have preferred the present Criminal Appeal challenging the judgment and order dated 06.06.1996 passed by the ld. Addl. Sessions Judge, Kheda at Nadiad in Special Case No. 70/1995 holding the appellants accused guilty for the offences punishable under section 3(1)(10) of Schedule Castes and Schedule Tribes (Prevention of Atrocities Act) (hereinafter referred to as the Atrocity Act) and sentencing each of the appellants accused to under go R/I for 6 months and to pay a fine of Rs.200/, I/d to undergo S/I for 1 month. The ld. Judge, however, acquitted the appellants accused from the offences punishable under sections 504 and 506(2) of Indian Penal Code.

(3.) LD . Counsel Mr. NS Desai for the appellants accused has taken this Court through relevant part of the judgment under challenge as well as through oral as well as documentary evidence led during the course of trial and has assailed the legality and validity of the judgment on various grounds mentioned in the memo of appeal. However, he has concentrated his arguments mainly on two points. The first point canvassed by ld. Counsel Mr. Desai is that the ld. Trial Judge has erred in convicting the accused because the entire incident of alleged incident or ill -treatment has not occurred in a "public view" and in support of his submission, he has placed reliance on number of authorities. For the sake of brevity and convenience, this Court would like to refer to one of the decisions of the Bombay High Court in the case of V.P.Shetty v/s Sr. Inspector of Police, Colaba and another, 2005 Cri.LJ 3560. The Bombay High Court, in relevant paras 8 and 9 has observed that there is no prima facie case made out under the Act as no offence was committed in place within the "public view". The Bombay High Court was dealing with quashing petition under which the petitioner had prayed for termination of proceedings and quashing of the FIR under section 154 of the CrPC.