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2025 Supreme(Guj) 1853

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State of Gujarat – Appellant
Versus
Mahipatsinh Gambhirsinh Gohil – Respondent


Advocates Appeared: For the Appellants :C.M. Shah, Premal R. Joshi For the Respondent: Kiran P. Joshi

JUDGMENT :

S.V. PINTO, J.

1. The appeal is filed by the appellant State under Section 3 78 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special Judge, Bhavnagar (hereinafter referred to as “the learned Trial Court”) in Special (Atrocity) Case No. 22/2010 on 19.05.2012 whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 3 23 , 447, 504, 506(2) and 114 of INDIAN PENAL CODE , 1860 and Sections 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 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 The accused no. 1 was the Sarpanch of Randola Gram Panchayat and on 01.05.2010 at around 21.00 hours, the complainant and his brother Laljibhai were in their house and with reference to the setting up of the Anganwadi in their plot, the accused got agitated and started abusing the complainant and ass

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