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 against the judgement and order of acquittal passed by the learned Additional Sessions Judge, Gondal (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 93 of 2008 on 09-01-2009, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 188 (hereafter referred to as "Atrocities Act" for short).

1.1 The respondents are hereinafter referred to as the accused in the rank and file as they 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 27th May, 2008 at around 09:30 pm, the complainant Rajeshbhai Govindbhai Makwana (Vankar) went into Chandan Hair Art for a hair cut and at that time, the accused No. 1 abused him with casteslurs and refused to give him a hair cut and asked him to leave the shop. Mansukhbhai Badhabhai Dafda, Mohanbhai Chanabhai Makwana and Bhalabhai Muljibhai Sarvaiya were also