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2025 Supreme(Guj) 1542

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.PINTO
State of Gujarat – Appellant
Versus
Ibrahimbhai Karimbhai Belim – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pranav Dhagat
For the Respondents: Neeraj Soni, Hardeep L. Mahida.

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, Vadodara (hereinafter referred to as “the learned Trial Court”) in Atro (Special) Case No. 24/2008 on 01.11.2010, whereby, the learned Trial Court has acquitted the respondents extending benefit of doubt for the offence punishable under Sections 504 and 114 of IPC, Section 135 of the BOMBAY POLICE ACT 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” 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 - Jashodaben alias Bhartiben - wife of Sureshbhai Dayabhai Rohit and the accused were neighbours and residing at village Anastu, Taluka Karjan. On 28.07.2007, at around 09.30 am, the accused were allowing water from the open place of their house to flow into the open space behind th

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