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2022 Supreme(Guj) 1026

RAJENDRA M. SAREEN
State Of Gujarat – Appellant
Versus
Karsanbhai Bachubhai Barad – Respondent


Advocates Appeared:
For the Appellant : M.S. C.M. Shah, APP.
For the Respondents: Mr. Brijesh Ramanuj with Mr. Y.J. Patel.

JUDGMENT :

1. Present Criminal Appeal has been preferred by the appellant – State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 11/11/2010 passed by the learned Additional Sessions Judge, Veraval in Sessions Case No.30 of 2009 acquitting the respondent Nos.1 and 2 – original accused Nos.1 and 2 from the offence punishable under sections 323, 504, 506(2) and 114 of Indian Penal Code and under section 3(1)(11) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act (hereinafter referred to as “the Atrocity” Act).

2. The crux of the case of the prosecution is as under:- On 18/11/2007 while the complainant was standing in front of her house, at that time at about 7.30 PM, both the accused gathered with in front of her house and started to tease her and abusing her and upon asked them to go away, they got furious and insulted her caste by humiliating in public place and administered threat to her. However, one Virabhai Parabatbhai who intervened and rescued her from further beating as the accused persons were giving kick and fist blows to the complainant. Thus, the accused gave abuses and insulted the complainant and i

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