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2025 Supreme(Guj) 731

HIGH COURT OF GUJARAT
S.V. PINTO
State of Gujarat – Appellant
Versus
Bakabhai Memabhai Rabari – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jirga Jhaveri
For the Respondent: P.P. Majmudar

JUDGMENT :

(S.V. PINTO, J.)

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and the order dated 03.10.2013 in Special Case - Atro. No. 09 of 2012 passed by the learned 2nd Additional Sessions Judge, Anand (hereinafter referred to as ‘the Trial Court’), whereby, the Trial Court has acquitted the respondents from the offences punishable under Sections 323, 504, 447, 506(2) and 114 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Atrocity Act’). The respondents are hereinafter referred to as ‘the accused’ as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing of the present appeal are as under:

2.1. On 27.10.2011, a cow belonging to some person of the Rabari community had given birth to a calf in front of the stable of the complainant and the complainant had informed them about the same, but they did not come till 17:45

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