JUDGMENT :

1. Heard learned APP Ms. C.M. Shah for the appellant – State and learned advocate Mr. Yogendra Thakore for the respondent No.1 at length and though rule is served, none is present for the respondent No.2.

2. The State has filed this acquittal appeal challenging the judgment and order dated 7.9.2012 passed by the learned Special Judge (Atrocity), Mahesana in the Special Atrocity Case No. 51 of 2011 for the offences punishable under Section 507 of the Indian Penal Code and under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1988.

3. The brief facts of the case are that at noon on 26.9.2011, the accused made call on mobile phone of the complainant thrice and more and asked the complainant to return Rs.3500/- against Rs.1500/-, which he had given to Vishal, the son of the complainant. Not only that, the accused also threatened the complainant that his son would be kidnapped and done to death. Saying so the accused uttered filthy language relating to caste of the complainant that “Sala Dheda Tarathi thay Te Kari le Je” and humiliated him. That, the complaint was lodged with the Bavlu Police Station. That, after completion of the