In acquittal appeals, the presumption of innocence is paramount; the appellate court must confirm that the trial court's decision was based on reasonable evidence before interfering.

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 6^th 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 complainant. The complainant asked him to keep his cycle away but the minor son got angry and abused the complainant and assaulted him. At that time, the accused came and assaulted the complainant and hurled caste slurs against him and threatened to kill him. The complainant filed the complaint at Kalawad Police Station under Sections 323 , 504, 506(2), 114 of the INDIAN PENAL CODE and Section 3(1)(10) of the Atrocity Act which was registered at Kalawad Police Station II – C.R. No. 29 of 2010.

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, Kalawad and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Jamnagar as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Special Atrocity Case No. 14/2010.

2.3 The accused was 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. 8 was framed against the accused and the statement of the accused was recorded at Exhs. 9, wherein, the accused denied the contents of the charge and the entire evidence of the prosecution was taken on record.

2.4 The prosecution produced the following evidence to bring home the charge against the accused.

ORAL EVIDENCE

DOCUMENTARY EVIDENCE

2.5 After the learned APP filed the closing pursis, the further statements of the accused under Section 313 of the Code of Criminal