STATE OF GUJARAT Vs. RAVAL SURYAKANT KESHVALAL

JUDGEMENT

(1.) THE above referred appeal is preferred by the State of Gujarat under the provision of Section 378 of the Code of Criminal Procedure against the judgment and order delivered by the learned Sessions Judge, Special Court, Patan on 04.03.2006 in Special Atrocity Case No.29 of 2004 whereby the present respondent being accused of the said Special Atrocity Case came to be acquitted by the trial Court for the offences punishable under Sections 354, 323, 504 and 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. The State has also requested to grant leave to appeal to the appellant State against the judgment and order of acquittal.

(2.) ACCORDING to the prosecution case, the incident occurred on 18.09.2002 at about 9.00 p.m. and the complaint has been offered by the complainant Pujiben Khetabhai Vankar, aged about 48 years before Police Inspector, at Sami Police Station on 19.09.2002. It is the prosecution case that complainant - Pujiben Khetabhai Vankar was Surpanch at the relevant juncture of Village : Kanij. On the day of the incident i.e. on 18.09.2002 at about 7.00 p.m., she had been to Village : Khijadiyari to see her daughter and after taking dinner, she was coming back to Village : Kanij and reached at Kanij, at that time it was darkness. After getting down from the private vehicle at Village : Kanij, she went below the road to answer nature's call and, thereafter, she came on road and at that juncture, she noticed that one motorcycle came and halted beside her. She also noticed that motorcycle was driven by the accused. After halting the motorcycle near the complainant, the accused threatened her that complainant had been Surpanch and, therefore, she had become vainy, but he (accused) was capable to murder her and to send her to Jail. Complainant requested the accused, who was serving as Talati of the Village, that why accused was threatening her. On accosting by the complainant, the accused Talati was excited and started abusing the complainant and started beating her with kick and fist. The accused insulted her by caste saying that accused wanted to indecently behave with her. The complainant was caught by the accused and was thrown on the ground and her blouse was torn by the accused. The complainant, therefore, raised shouts for help and on hearing the shouts, witnesses Thakore Bharmalbhai Lavjibhai, Suthar Rameshbhai Amthabhai and Thakore Keshaji Parmaji came running down there and rescued the complaint from the hands of the accused. The witnesses persuaded the accused and, therefore, accused went away and threatened that on that day, on account of these three witnesses she was rescued, but next time she would be done to death. According to the prosecution case, the motive of the assault was that accused had embezzled the amount from Gram Panchayat allotted to Javahar Scheme and the complainant being Surpanch had preferred complaints against the accused Talati, Taluka Development Officer, Sami and District Development Officer.

(3.) THE crime came to be registered against the accused being C.R.No.121/2002 at Sami Police Station for the abovesaid offences and the charge -sheet came to be filed in the Court of learned Judicial Magistrate, First Class, at Sami and was committed to the Special Court.