STATE OF GUJARAT Vs. HANSABEN

JUDGEMENT

(1.) The appellant State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 15.06.2010 rendered by the learned Special Judge (Atrocity), Kheda in Special (Atro) Case No.55 of 2009.

(2.) The short facts giving rise to the present appeal are that on 14.03.2008 at about 18.15 hours, when complainant and witnesses playing cricket at the ground of Rasikpura Prathmika Shala, at that time, Devendrakumar Mohanbhai Parmar-?witness hit the ball and ball fallen near the house of the accused. Thereafter, complainant went to collect for ball and at that time accused came out from her house and caught the complainant and insulted him by abusing against his caste. Therefore, the complainant Mahendrabhai Mafatbhai Parmar filed complaint before Kheda town Police Station for the alleged offences under Sections 504 of the Indian Penal Code read with Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondent accused. The charge was framed against the accused.