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2022 Supreme(Guj) 801

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Ashokkumar C.Joshi, J.
State Of Gujarat - Appellant
Vs.
Amrishkumar Parshottambhai Patel & Others - Respondent
Criminal Appeal No. 2009 of 2010
Decided On : 01-09-2022

Advocates appeared:
Jirga Jhaveri, Darshan Dave, H.L.Patel Advocate, Advocates

Headnote:

Indian Penal Code, 1860 – Sections 294, 354, 504, 114 – Criminal procedure Code, 1973 – Section 378(1) (3), 417 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(i) (x) – Secondary Education Act, 1947 – Section 36(1) – Order of acquittal – Intentional insult with intent to provoke breach of peace – Abettor present when offence is committed – Appeal is preferred by appellant - State under Section 378(1) (3) of Criminal procedure Code, 1973 against judgment and order passed in Special (Atrocity) Case by learned Special Judge (Atrocity), , recording acquittal of respondents - Original accused for charges under Sections 294, 354, 504 and 114 of Indian Penal Code, 1860 (IPC) and Section 3(i) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Held, In view of aforesaid discussion and observations, in considered opinion of this Court, prosecution has failed to bring home charge against accused for want of sufficient material – Findings recorded by learned trial Judge do not call for any interference – Resultantly, in fleri, appeal fails and is dismissed accordingly. Impugned judgment and order passed in Special (Atrocity) Case by learned Special Judge (Atrocity), recording acquittal of respondents – Dismissed.

JUDGMENT :

1. This appeal is preferred by the appellant - State under Section 378(1) (3) of the Criminal procedure Code, 1973 (Code) against the judgment and order dated 25.05.2010 passed in Special (Atrocity) Case No. 21 of 2008 by the learned Special Judge (Atrocity), Panchmahals at Godhra, recording the acquittal of the respondents - original accused for the charges under Sections 294, 354, 504 and 114 of the Indian Penal Code, 1860 (IPC) and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocity Act").

2. Brief facts of the prosecution case are that Daxaben Nanabhai Amin registered a complaint against the respondents - accused with Kothamba Police Station, which was registered as I-CR No. 33/08 for the offences punishable under Sections 294, 354, 504 and 114, IPC and Section 3(i)(x) of the Atrocity Act. It is the case of the prosecution that complainant - Daxaben Nanabhai Amin was performing her duties as an Assistant Teacher in Navjivan High School situated at Thana Savli village. The complainant was a divorcee. In the school, the respondent No. 1 herein was serving as a Principal, who allegedly, harassing and molesting the complainant saying that the complainant had a illicit relation with one Rajendrakumar Gadhvi, who was also serving in the same school, for which, the complainant also complained to the President of the school, who called the staff meeting on 10.02.2004, pursuant to which, the respondent No. 1 also orally apologized. However, subsequently, the respondent No. 1 sacked said Rajendrakumar Gadhvi from the school. It is further the case of the prosecution that thereafter, the harassment and molestation to the complainant continued at the hands of the respondent No. 1, taking into confidence other staff members. That, the respondent No. 1 also asked the complainant to keep illicit relations with him to get reinstated said Rajendrakumar Gadhvi. That, the respondent No. 1 also asked the complainant to surrender to whole staff. That respondent No. 2, who was serving as a Librarian, also tried to molest the complainant. That respondent No. 3, who was a co-employee, used to come to the school in drunken condition and speak abusive words and harass the complainant. On 19.04.2008, when the complainant was sitting in the staff room alone, the respondent No. 1 came and dashing with her chair knowingly, sat in another chair. Thereafter, again the respondent No. 1 knowingly dashed with her chair and as soon as the complainant stood up, the respondent No. 1 took her in his arms and hence, the complainant slapped him twice, however, with a view to save his image, the respondent No. 1 on the contrary got the complaint registered against the complainant and that Rajendra Gadhvi through one Binaben. Nonetheless, the complainant approached Kothamba Police Station to register the complaint, and at that time, the President of school intervened and told her that if she would file the complaint, the image of school would be tarnished. However, he assured to call the staff meeting and solve the issue, but to a surprise of the complainant, in the meeting, she was asked to submit the apology (letter). Further, the respondent Nos. 4 and 5 also insulted the complainant of her caste and also gave abuses to her and asked her to dismiss her from the school. Hence, the complainant, on her own, gave resignation from the school. Thus, the respondents committed the offence in question for which, complaint came to be registered against them.

3. On the basis of the said complaint, investigation was initiated and after thorough investigation as there was sufficient evidence against the respondents - accused persons, charge-sheet was filed before the learned Judicial Magistrate First Class, Lunavada. As the offence was exclusively triable by the Court of Sessions, as per the provisions of Section 209 of the Code, the case was committed to the Court of Sessions, wh

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