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2025 Supreme(Guj) 1625

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V.Pinto
State Of Gujarat – Appellant
Versus
Habibbhai Husenbhai Abhesora – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pranav dhagat, APP

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 6th Additional Sessions Judge, and Special Judge Jamnagar (hereinafter referred to as “the learned Trial Court”) in Special Atrocity Case No. 14/2010 on 31.01.2014, whereby, the learned Trial Court has acquitted the respondents extending benefit of doubt for the offence punishable under Sections 323 , 504, 506(1) and 114 of INDIAN PENAL CODE 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 The respondent is hereinafter referred to as “the accused” as he 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 09.02.2010, between 08.30 pm to 09.00 pm, the complainant - Anilbhai Valjibhai Rathod and his friends had made a small bonfire in front of the mill of Dhirubhai at village Sanosara and were warming themselves when the minor son of the accused dashed his cycle with the complai

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