IMPORTANT POINT
The acquittal under the Atrocities Act requires clear intent to humiliate based on caste, and the appellate court can only overturn if there is illegality or perversity in the trial court's judgment.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal is filed by the appellant-State of Gujarat under Section 378 (1)(3)of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 2.4.2008 passed by the learned Additional Sessions Judge and Special Judge, Dhanghdhra (hereinafter referred to as “the trial court”) in Sessions Case No. 6 of 2007, whereby, the trial Court has acquitted the original accused-respondents herein for the offence punishable under Sections 143, 147, 323, 337, 504 of Indian Penal Code (“I.P.C.” for short), Section 3(1)(10) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“Atrocity Act” for short) and Section 135 of Bombay Police Act, now Gujarat Police Act.

2. The appeal was filed against 11 accused persons, out of them during pendency of the appeal, accused No. 4 was died and therefore, present Appeal was abated qua accused No. 4 vide order dated 25.4.2023. Further, in view of amendment in Section 15A(5) of the Atrocities Act, notice was issued to original complainant , however the notice issued by this Court was returned with an endorsement that the original complainant passed away on 12.10.2021. The copy of death certificate dated 21.10.2021 issued by the Competent Authority along with notice were brought on record of the Appeal.

3. The brief facts giving rise to the present appeal are that the complainant Kanubhai Talashibhai, residing at Chhatrot, belonging to schedule caste community, registered FIR being I-CR No-00012 of 2007 before Dasada Police Station for the offence punishable under Sections 143, 147, 323, 337 and Section 504 of I.P.C. and Section 3 (1) (10) of Atrocities Act and 135 of BP Act, now Gujarat Act, stating that the complainant residing with joint family, and he was doing labour work. On 19.03.2007, about 7:00 hours in the evening, the complainant was sitting outside of his house. At that time, the accused Daja Kesha and other 11 persons residing at village Chhatrot, came there and gave filthy abuses in public by saying why he was take “Kala” in his farm, and accused persons got angry on complainant and rushed on complainant with deadly weapons like Dhariya, Sword, and Stone, and attacked on complainant, and accused no. 9 Soramben, accused no. 10 Nimuben and accused no. 11 Valiben also came there and throw the stone on complainant and because of that the complainant got injury on his body.

3.1 On hearing the shout of the complainant, his father mother, and his brother came there and rescued him. The accused persons while going from there, have uttered filthy abuses relating to his caster and beaten him.

3.2 Accordingly, complaint was filed against the accused respondents for the offences punishable under Sections 143, 147, 323, 337 and Section 504 of I.P.C. and Section 3 (1) (10) of Atrocities Act and 135 of BP Act, now Gujarat Act. Thereafter, after collecting necessary evidence and after following all the necessary procedures, the Investigating Officer submitted charge-sheet. Upon production of the accused respondents, the learned Magistrate handed over all the necessary police papers to the respondents.

3.3 However, as the case was exclusively sessions triable, the learned Magistrate as per Section 209 of the Cr.P.C. committed the said case to the Sessions Court, Surendranagar. The accused were charged for the offences punishable under aforesaid Sections by the Trial Court. The accused persons denied about their involvement in the offence and requested for trial.

3.4 To prove its case, the prosecution has examined 12 witnesses and produced 6 documentary evidences before the trial Court. After completion of examining witnesses and producing documentary evidences, the prosecution has filed closing pursis.

3.5 Upon filing of closing pursis by the prosecution, the the trial Court, as per Section 313 of Cr.P.C. recorded further statements of the accused respondents, wherein also they have stated