State Of Gujarat vs Mahadevbhai Ghanshyamdas Sambhavni

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 885

SAMIR J. DAVE
State Of Gujarat – Appellant
Versus
Mahadevbhai Ghanshyamdas Sambhavni – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr R. C. Kodekar, APP
For the Respondent: Mr A R Thacker, Ms Bala R Thacker

JUDGMENT :

1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 30.12.2011 passed by the learned Additional Sessions Judge (Special Judge), Gandhidham at Kutch (hereinafter be referred to as “the Trial Court) in Special Atrocity Case No.39 of 2008, whereby the accused – respondent herein came to be acquitted from the charge of the offences punishable under Sections 354, 452, 504 and 506(2) of the Indian Penal Code (for short “the IPC”) and under Sections 3(1)(11) of the Prevention of Atrocities Act, 1989, the appellant – State of Gujarat has preferred present criminal appeal under Section 378(1) (3) of the Code of Criminal Procedure, 1973 (for short “the Code”).

2. Briefly stated that on 30.04.2008, while the complainant was alone in her house and doing household work at that time accused had illegally entered into the house at about 2:30 in the afternoon and as she was going back side, accused suddenly caught hold her wrist. However, she tried to shout, but with another hand, accused had pressed her mouth and thereafter complainant had escaped from the accused but again the accused had caught hold her right hand wherein right hand side blouse was t