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2025 Supreme(Guj) 1207

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
State Of Gujarat – Appellant
Versus
Nathu Bhimji Rabari – Respondent


Advocates Appeared:
For the Appellant : Ms. C.M. Shah, App.
For the Respondents: Rule Served, Sanjivkumar T. Patel.

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 passed by the learned 3rd Additional Special Judge (Atrocity), District Kutch @ Bhuj (hereinafter referred to as ‘the learned Trial Court’) in Special Case (Atrocity) No.08 of 2015 on 28.04.2016, whereby, the learned Trial Court has acquitted the respondents – accused from the offences punishable under Sections 323 , 504, and 114 of the INDIAN PENAL CODE (hereinafter referred to as ‘the IPC’) and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Atrocities 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. On 26-09-2014, the complainant, Hirbai, wife of Nanjibhai Karamshibhai Garwa, a resident of village Mota Angiya, Taluka Nakhatrana, District Kutch, was sitting at the bus stand

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