VISHAL DEVABHAI @ DESAIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Additional Public Prosecutor Mr.Ronak Raval waives service of Rule on behalf of the respondent-State. Learned advocate Mr.Ritesh Dave waives service of Rule for private respondent-original complainant. The application was taken up for final consideration today.

(2.) It is in connection with the First Information Report bearing Crime Register No.I-21 of 2017 registered with Dabhoi Police Station on 16th February, 2017 against the present applicants-accused for the offences under Sections 354(D) and 114 of the Indian Penal Code, 1860 as well as section 3(2)(5)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicants.

(3.) According to the first informant, the applicants Vishal and Raxit herein-the accused persons, used to remain present in the compound of her school even before she reached the school place. It was alleged that when she reached school, they were making gestures and asking her to come towards them and were making such gestures. The applicant No.2 was supporting in such gestures. It was alleged that since last two months, they were pursuing her in that manner. It was alleged that during the recess also they used to come to school. The first informant stated that her uncle tried to persuade them, in vain. It was alleged that when her uncle asked them not to do the gestures etc., they were threatening the complainant and her family to leave the village. It was alleged that the accused persons threatened and insulted the complainant by stating that he belonged to the lower caste.