JUDGMENT :

S.V. PINTO, J.

1. The present appeal is filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special Judge and Additional Sessions Judge, Jamnagar (hereinafter referred to as “the learned Trial Court”) in Special Atrocity Case No. 33/2006 on 22.06.2007, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Sections 354 of IPC and Section 3(1)(11) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act”).

1.1 The respondent is hereinafter referred to as “the accused” as he stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1 On 04.04.2006, the complainant - Manjuben wife of Rameshbhai Bhalabhai Patar was going on the road from Moridad village to Kharedi Village and was on the bridge a little away from Dadvi Village, and at that time, the accused caught the arm of the complainant with the intention of outraging her modesty and it was within the knowledge of the accuse