State Of Gujarat vs Thanabhai Ganeshbhai Rajput

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1697

RAJENDRA M. SAREEN
State Of Gujarat – Appellant
Versus
Thanabhai Ganeshbhai Rajput – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MR RC KODEKAR
For the Respondent: MR VR HALANI

JUDGMENT :

1. This Appeal is filed by the appellant under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dated 11.09.2007 passed by the learned Additional Sessions Judge and 3rd Fast Track Court, Diodar in Special Case No.45 of 2007, acquitting the private respondents Nos. 1 to 3 – original accused from the offence punishable under sections 504, 506(2) and 114 of Indian Penal Code and under sections 3(1)(10) of the Scheduled Tribes (Prevention of Atrocities Act), 1989.

2. The brief facts of the prosecution case is that on 3.01.2007, the complainant Ishwarbhai Nagabhai Nesda registered a complaint against the accused persons at Suigam Police Station, with C.R. No.3001/2007, for the offences punishable under Sections 504, 506(2), 114 of the Indian Penal Code and Sections 3(1) (10) of the Atrocity Act, 1989, stating therein that the complainant is residing at Vav, and having three brothers. On 2.01.2007 at afternoon, the complainant gone to his farm and at that time the accused persons came to his house and all the accused abused the complainant by uttering obscene words in public relating to the mother and Sister of the complainant and also to his

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