STATE OF MAHARASHTRA Vs. PRAVIN MEHARCHAND JETHWANI DIRECTOR

JUDGEMENT

(1.) This is an appeal by the State, impugning an order and judgment dated 28-11-2002 passed by the Learned Special Judge (under SC and ST Act), Greater Mumbai, acquitting respondent of offence punishable under Section 3(1)(x) (Punishments for offences of atrocities) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and under Section 504 (intentional insult with intent to provoke breach of the peace) of IPC.

(2.) I have to note that the original complainant himself was given an opportunity to present his case before the court and support the appeal.

(3.) It is prosecution's case that Ashok Avaghade, complainant, (P.W.-1), belongs to Chambhar by caste, a scheduled caste and, was working as a labourer in Basant Rubber Company (the said company) situated at LBS Marg, Vikhroli (w) Mumbai 400 083. Respondent, (accused) was the Director of the company, and he did not belong to either scheduled caste or scheduled tribe.