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2025 Supreme(Guj) 889

HIGH COURT OF GUJARAT
S.V. PINTO
State of Gujarat – Appellant
Versus
Abdul Malik @ Poki Abdul Gani Pathan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Jirga Jhaveri, Suraj Matieda,
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 24.12.2008 in Special Atrocity Case No.15 of 2008 passed by the learned Special Judge, Fast Track Court, Bharuch, camp at Ankleshwar (hereinafter referred to as ‘the learned Trial Court’), whereby, the learned Trial Court has acquitted the respondents – accused from the offences punishable under Sections 504, 452, 323, 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’).

1.1. 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. The complainant Naniben, widow of Devalbhai Adalbhai Vasava and the accused were neighbours and on 22.07.2007 at around 8:30am, the accused, who were residing in Kansiya K

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