State of Gujarat vs Prahladbhai Mafabhai Thakor

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1134

ASHOKKUMAR C. JOSHI
State of Gujarat – Appellant
Versus
Prahladbhai Mafabhai Thakor – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr L B Dabhi, APP

JUDGMENT :

1. Though served, nobody appears for the respondents. The matter is of 2008 and accordingly, the Court proceeded with the same.

2. This appeal is filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 15.04.2008, passed in Special Case No. 15 of 2007 by the learned Additional Sessions Judge and Special Judge, Dhrangadhra, recording the acquittal.

3. Facts in nutshell are that on 24.08.2007 at about 15:00 hours, when the complainant had gone to visit a fair at Chhatrod village and was standing, the respondent No. 4 – original accused No. 4 allegedly molested her and on hearing her shouts, her husband rushed there and scuffled took place between them. The respondents – accused allegedly beat up the husband of the complainant giving filthy abuses to the complainant and her husband and also insulted them of their caste in public and thus, the accused committed the offence punishable under Sections 354, 323, 504, 506(2) and 114 of the Indian Penal Code, 1860 (IPC) and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 (Atrocity Act) for which, FIR came to