The acquittal of the accused was upheld due to insufficient evidence of caste slurs or threats, emphasizing the presumption of innocence in acquittal appeals.

JUDGMENT :

S.V. PINTO, J.

1. This appeal is 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 Special Judge, Banaskantha at Palanpur (hereinafter referred to as “the learned Trial Court”) in Special Atrocity Case No. 24/2011 on 13.04.2012, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 504 , 506(2) and 114 of IPC and Section 3(1)(10) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the 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 The complainant Hiraben wife of Mafabai Bhikhabai Vankar was the joint owner of land bearing survey no. 273/A/1 paiki 4 situated in the outskirts of Dalawana village and the land was mortgaged by a document dated 12.07.2000 to the accused no. 1 - Rajput Sawaji Chelaji for Rs. 74,000/-. As per the condition of the mortgage, the possession of the land was to be returned whenever the amount of Rs. 74,000/- was returned and when the complainant had the amount of Rs. 74,000/-, she went to give the same to the accused no. 1 - Sawaji Rajput but he did not accept the same and did not give possession of the land. A notice through her advocate was sent on 19.02.2011 and cheque no. 596472 dated 17.02.2011 for Rs. 74,000/- from the account with State Bank of India was offered to the accused no. 1 - Sawaji Rajput but he did not accept the same. On 11.03.2011 at around 11.00 hours, the complainant – Hiraben wife of Mafabai Bhikhabai Vankar, her sons - Girishbhai and Praveenbhai and her brother-in- law - Laxmanbhai Veerabhai Parmar went to the agricultural land and the accused were present at the land. The accused hurled caste slurs against them, abused them and threatened to kill and bury them alive. The complainant and others were afraid and the complainant came to Chhapi Police Station and filed the complaint under Sections 504 , 506(2), 114 of the IPC and Section 3(1)(10) of the Atrocity Act which came to be registered as Chhapi Police Station II –C.R. No. 3012/2011.

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 Court of the Judicial Magistrate First Class, Vadgam and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Banaskantha at Palanpur as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Special Atrocity Case No. 24/2011.

2.3 The accused were 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. A charge at Exh. 5 was framed against the accused and the statements of the accused were recorded at Exhs. 6, 7 and 8 wherein, the accused denied the contents of the charge and the entire evidence of the prosecution was taken on record.

2.4 The prosecution examined 6 witnesses and produced 16 documentary evidences on record in support of their case and after the learned Additional Public Prosecutor filed the closing pursis at Exh. 39, the further statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 was record