STATE OF GUJARAT Vs. ARJANBHAI JAYMALBHAI RABARI

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the State, under Section 378 Cr.P.C., against the Judgment and order dated 1.10.1992, rendered in Special Case No.56 of 1992 by the learned Special Judge, Banas Kantha at Palanpur. The said case was registered against the respondent accused for the offence punishable under Sections 3(1)(10) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 3 & 7 of Civil Protection Act. The said Judgment of the Special Court has been challenged by the State on the ground that the Judgment and order passed by the learned Special Judge is contrary to law and evidence on record.

(2.) ACCORDING to the prosecution case the complainant Shankerlal Govindram Kapdi (Harijan Sadhu), belonging to Schedule Caste, who was at the relevant time serving as teacher in Primary School at Ratanpur. The respondent accused Arjanbhai Jaymalbhai Rabari was serving as Head Master in the said School. It is the prosecution case that as per the direction of the Primary Teachers Sangh the respondent asked the complainant to attend the School from 9.3.1992 to 14.3.1992 for stamping the Report and, therefore, the complainant went to School at 11.00 O'clock on 9.3.1992 for doing the said work. Thereafter the respondent also went to the school. At that time the respondent told the wife of the complainant Savitaben that ?She will beat Shankerlal??. Thereafter he told the complainant that ?Syou Harijan Bava Dheda what you will do?? and after saying so he gave Chappal blows on the head and chick of the complainant and thereafter told the complainant that he may do what he likes and he is not afraid of anybody. As per the complainant's say at that time his wife, son, Vardhibhai Chhaganbhai and Jitabhai Karigar were present. So the complainant has filed the complaint at Thara Police Station, Thara, Dist. Banas Kantha, at 3.30 pm on the same day against the present respondent u/ss. 323, 504 I.P. Code and also under Section 3(1)(10) of the Atrocity Act and u/ss. 3 and 7 of the Civil Protection Act. Then the investigation was carried out, the respondent accused was arrested. Thereafter, the charge -sheet was filed against the present respondent. Since the offences punishable u/s. 3(1)(10) of the Atrocities Act are triable by the Court of Sessions, the case was committed to the Court of Special Judge, Palanpur and the case was registered as Special Case No.56 of 1992. The charge was framed against the respondent accused. The accused pleaded not guilty to the charges. Then the prosecution has led oral as well as documentary evidence to prove its case against the present respondent. During the trial the parties arrived at a compromise and so the present respondent as well as the original complainant filed compromise purshis, which is at page : 13, for the offence under sections 323 and 504 I.P. Code which are compoundable u/s.320 Cr.P.C. and, therefore, the respondent accused was acquitted from the offence punishable u/ss. 323 and 504 I.P. Code in exercise of powers u/s. 320 of Cr. P.C. by the Special Judge. But, so far as Section 3(1)(10) of the Atrocity Act and Section 3 and 7 are concerned, the same were not compoundable and, therefore, the trial Court has passed an order to proceed case against the respondent for the offence u/ss. 3(1)(10) of the Atrocities Act and Section 3 and 7 of the Civil Protection Act. Then the oral evidence was record. The statement of the respondent u/s.313 Cr.P.C. Was also record and then at the conclusion of the trial the learned Special Judge has found no substance in the prosecution case and, therefore, acquitted the respondent accused from the said offence vide impugned Judgment. The said Judgment of the trial Court has been challenged by the State on the ground that the Judgment and order passed by the learned Special Judge is against the law and evidence on record.

(3.) I have heard learned APP Ms. Darshana Pandit on behalf of the Appellant State Government and learned Advocate Mr. D.N.Vakil for Mr. Vijay Patel, appearing on behalf of the respondent accused. I have also gone through the Judgment and order passed by the trial Court.