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M. K. THAKKER
Narharibhai Bhagwanbhai Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT
Present appeal is filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Atrocities Act’ hereinafter) challenging the judgment and order passed below Exhibit 12 in Atrocity Case No.05 of 2022 by the learned Special Judge (Atrocities) Chhota Udepur at Bodeli, dated 20.09.2023, whereby the application preferred by the present applicant-original accused No.8 seeking discharge was partly rejected.
2. It is the case of the applicant that one FIR came to be lodged with the Sankheda Police Station, District Chhota Udepur being C.R.No. 11184009220776 of 2022, for the offences punishable under Sections 379(A), 143, 323, 147 and 149 of the Indian Penal Code, 1860 and Sections 3(1)(R), 3(2)(Va) of the Atrocities Act. It is alleged in the FIR that 16 accused who were named in the FIR have by creating the unlawful assembly assaulted on the complainant, his wife and son as well as one witness Ajaysinh Raj Solanki and had stolen the chain.
3. On setting criminal law in motion, the investigation was carried out and the FIR was culminated into the chargesheet, which was filed before the Competent Court for the aforesaid sections.
4.
Discharge of accused – Only prima facie case is to be seen, no strict standard of proof while evaluating material to ascertain whether there is a prima facie case against accused is not to be applied....
The judgment established the principle that at the stage of framing charges, only a prima facie case needs to be established, and the probative value of the evidence is not to be evaluated.
The main legal point established in the judgment is that the court has the power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the ac....
The Court's decision was based on the application of the principles laid down by the Hon'ble Supreme Court to determine whether a prima facie case was made out against the Accused for the matter to p....
The mere presence in an unlawful assembly implicates accused members under Section 149 IPC, regardless of individual intent, if actions align with the assembly's common purpose.
Point of Law : Prosecution has miserably failed to prove the guilt against the accused and more so, the Trial Court has rightly come to the conclusion by rendering an acquittal judgment.
Point of Law : Citizenship – Protest – Rejection of bail - none of those co-accused who have been granted bail were caught in an overt act which indicated their active participation in perpetrating t....
The main legal point established is the need for discretion in considering bail applications under the Atrocities Act and the requirement to segregate the acts of each accused before concluding their....
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