SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Guj) 1010

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J.
State of Gujarat - Appellant
Versus
Koli Dungarbhai Khegarbhai and Another - Respondents
Criminal Appeal No. 1634 of 2008
Decided On : 20-02-2025

Advocates:
Advocate Appeared:
For the Appellant : Bhargav Pandya
For the Respondent: Mahesh K. Poojara

The appellate court must respect the presumption of innocence and not interfere with an acquittal unless the trial court's decision is unreasonable or perverse.

Headnote:

(A) Code of Criminal Procedure, 1973 - Section 378(1)(3) - Indian Penal Code, 1860 - Sections 323, 504, 506(2) - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(10) - Appeal against acquittal - The learned Trial Court acquitted the accused of all charges due to lack of corroborative evidence from witnesses and inconsistencies in the complainant's testimony. (Paras 1, 3, 11)

(B) Acquittal Appeals - The appellate court must respect the presumption of innocence and should not interfere with an acquittal unless the trial court's decision is unreasonable or perverse. (Paras 7, 8)

Facts of the case:
The complainant alleged that the accused abused him using caste slurs and assaulted him, leading to minor injuries. The trial court found insufficient evidence to support the charges. (Paras 2.1, 2.5)

Findings of Court:
The trial court's acquittal was based on the lack of corroborative evidence and the reasonable doubt surrounding the prosecution's case. (Paras 11, 12)

Issues: The main issues were whether the prosecution proved its case beyond reasonable doubt and the validity of the trial court's acquittal. (Paras 3, 11)

Ratio Decidendi: The court upheld the trial court's findings, emphasizing that the prosecution failed to provide sufficient evidence to support the charges against the accused. (Paras 11, 12)

Result: Appeal dismissed.

Table of Content
1. incident description and complaint (Para 2)
2. prosecution's argument on evidence (Para 3)
3. review of evidence and witness statements (Para 4 , 5 , 6 , 7 , 8)
4. justification of acquittal (Para 9 , 10 , 11)
5. confirmation of acquittal (Para 12 , 13)

JUDGMENT :

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 & Special Judge, Dhrangadhra (hereinafter referred to as "the learned Trial Court") in Special Case No. 10 of 2005 on 03.03.2008, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323, 504 and 506(2) of Indian Penal Code, 1860 (hereafter referred to as "IPC" for short) and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989.

1.1 The respondent is hereinafter referred to as the accused in the rank and file 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 That on 02-09-2004, the complainant Hirabhai Khetabhai Parmar was going from the house of the Sarpanch and in the main Bazar, the accused was standing with a stick in his hand and while the complainant pass by, the accused started abusing the complainant and used caste-slurs and threatened to kill him and held his hair and dragged him, as a result of which, the complainant sustained abrasion on the elbow of his left hand. That Dhirajlal Nagardas, Goga Dayaram and Kavabhai Jodhabhai Bharwad came and did not allow the accused to beat him and the released the accused. Both of them went away to their respective houses. That after some tome, once again, the accused came to the house of the complainant and abused him and at that time his wife and Kavabhai Jodhabhai Bharwad came and the accused went away. That, prior to the incident, the accused and the complainant had a verbal altercation about the road and hence the incident has occurred. The complainant filed the complaint at Patadi Police Station underSections 323, 504 and 506(2) of the IPC 1860 and Section 3(1) (10) of Atrocities Act, which was registered as II-C.R.No.10 of 2005 on 02-09-2004.

2.2 The Investigating Officer recorded the statements of the connected witnesses and seized the necessary documents and after completion of investigation, a charge-sheet came to be filed before the Learned Judicial Magistrate First Class, Patadi and as the said offences against the accused was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Dhrangadhra as per the provisions of Section 209 of the Code of Criminal Procedure and case was registered Special Case No. 10 of 2005.

2.3 The accused was duly served with the summons and the accused appeared before the learned Trial Court, and it was verified whether the copies of all the police papers were provided to the accused as per the provisions of Section 207 of the Code and a charge at Exh. 8 was framed against the accused and the statement of the accused was recorded at Exh. 9, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record.

2.4 The prosecution produced the following evidence to bring home the charge against the accused.

ORAL EVIDENCE

S. No.P.W. NosName of the witnessesExh.
1.1.Hirabhai Khetabhai Parmar11
2.2.Tadsibhai Mohanbhai15
3.3.Dhanjibhai Kanabhai17
4.4.Sukhabhai Lakhabhai18
5.5.Madhuben W/o Hirabhai20
6.6.Satishbhai Vihabhai21
7.7.Kavibhai Jodhabhai22
8.8.Dr. Mangabhai Dilabhai24
9.9.Dr. Dhirajlal Nagardas25
10.10.Dr. Gopalbhai Somabhai Makwana29
11.11.Dr. Abdulbhai Ladbhai Saiyed28
12.12.Becharbhai Arjanbhai Solanki30
13.13.Gulammayuddin Umarmiya Kazi31

DOCUMENTARY EVIDENCE

S. No.ParticularsExh.
1.Complaint12
2.Caste Certificate14
3.Panchnama of place of offence16
4.Arrest Panchnama and Seized Muddamal18
5.Injury

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top