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2025 Supreme(Guj) 986

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State of Gujarat – Appellant
Versus
Mahebubbhai Hanifbhai Multani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhargav Pandya
For the Respondent: Bhavin S. Raiyani

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 05.03.2008 in Sessions (Special Atrocity) Case No.183 of 2007 passed by the learned Additional Sessions Judge and Presiding Officer, Main Fast Track Court, Gondal (hereinafter referred to as ‘the learned Trial Court’), whereby, the learned Trial Court has acquitted the respondents – accused from the offences punishable under Sections 323, 324, 341, 504 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’) and Section 37(1) and 135 of the Bombay Police Act (hereinafter referred to as ‘the B.P.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 25.07.2007, the complainant was in the market near th

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