The presumption of innocence reinforces the justification for acquitting the accused, highlighting that prosecution must prove its case beyond reasonable doubt.

JUDGMENT :

S.V. PINTO, J.

1. The 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 Additional Sessions Judge and Presiding Officer, Fast Track Court No. 5, Vadodara (hereinafter referred to as “the learned Trial Court”) in Atrocity Case No. 49/2009 on 01.04.2011, whereby, the learned Trial Court has acquitted the respondents extending benefit of doubt for the offence punishable under Sections 323 , 504 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. 1 had expired and hence, by an order dated 25.11.2024, the appeal qua the respondent no. 1 was abated.

1.2 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 On 18.09.2009, the complainant - Vijaybhai Bhailalbhai Vasava went along with his nephew - Alpeshbhai Buddhisagar Vasava to J.J. Sarvajanik High School at Kandari and at that time, the accused were standing out of the office. The complainant and Alpeshbhai Buddhisagar Vasava had given an application for getting the school leaving certificate and all the accused abused them and asked them why they had entered the high school and got angry and pushed them out of the school. The accused no. 1 gave two slaps on the right cheek of the complainant and the complainant gave an application to the Karjan Police Station on the same day and thereafter, filed a complaint on 27.09.2009 at Karjan Police Station which was registered at Karjan Police Station I – C.R. No. 146 of 2009 under Sections 323 , 504 and 114 of the IPC and Section 3(1)(10) of the Atrocity Act.

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, Karjan and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Vadodara as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Atrocity Case No. 49/2009.

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. 4 was framed against the accused and the statements of the accused was recorded at Exhs. 5, 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 9 witnesses and produced 17 documentary evidences on record in support of their case and after the learned Additional Public Prosecutor filed the closing pursis, the further statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 was recorded and after the arguments of the learned Additional Public Prosecutor and the learned advocate for the accused were heard, the learned Trial Court by the impugned judgement and order was pleased to acquit all the accused from the charges levelled against them.

3. Being aggrieved and dissatisfied with the said jud