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2025 Supreme(Guj) 1434

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
State Of Gujarat – Appellant
Versus
Rajendrabhai Alias Rajeshbhai Bachubhai Rathod – Respondent


Advocates Appeared:
For the Appellant : Ms. C.M. Shah, APP
For the Respondents: Mr. Hardik Bharhmbhat.

Table of Content
1. overview of acquittal appeal and case background. (Para 1 , 2)
2. arguments presented by the appellant state and defense. (Para 3 , 4 , 5)
3. legal framework governing appeals against acquittal. (Para 6 , 7)
4. court's analysis and findings on evidence. (Para 9 , 10)
5. final decision to uphold acquittal. (Para 11 , 12)

JUDGMENT :

S.V. PINTO, J.

1. The appeal is filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special Judge and Additional Sessions Judge, Anand (hereinafter referred to as “the learned Trial Court”) in Special Case Atro No. 20/2011 on 16.04.2013, whereby, the learned Trial Court has acquitted the respondents extending benefit of doubt for the offence punishable under Sections 323 , 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 Atrocity Act” for short).

1.1 During the pendency of the appeal, the respondent no. 2 – Bhaveshbhai Mahendrabhai Suthar expired on 23.10.2016 and the certificate of Sarpanch, Gram Panchayat, Magharol, Taluka Sojitra, Distr

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