In acquittal appeals, the presumption of innocence favors the accused, limiting the appellate court's interference unless the trial court's decision is unreasonable or lacks proper evidence.

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, Patan (hereinafter referred to as “the learned Trial Court”) in Special Case (Atro) No. 31/2011 on 30.06.2012 whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Section 506(2) read with Section 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 complainant - Harshadbhai Aalabhai Chamar was running a ration shop in Odhav village in Patan, Taluka & District Patan and on 21.03.2011, at around 07.00 pm, he and his son Anilkumar closed the ration shop and were going towards the house of his younger brother. When they reached near Ramapeer Temple, they met Chenaji Ravjiji Thakor and they were standing and talking to him and at that time, the accused no. 1 came and asked him why he was not giving him kerosene. The complainant told him that as he was having a gas connection, he was not eligible for kerosene but he was taking sugar and wheat and the accused no. 1 started abusing the complainant and hurled derogatory caste slurs against him. The accused no. 1 came and he too hurled caste slurs against the complainant and threatened that the ration shop would be closed. His son Anil and Thakor Chenaji Ravjiji intervened and separated them and they went towards their house. The complainant - Harshadbhai Aalabhai Chamar filed a complaint at Patan Taluka Police Station under Sections 504 and 114 of the INDIAN PENAL CODE , 1860 and Section 3 (1)(10) of the Atrocity Act which came to be registered at Patan Taluka Police Station II-C.R. No. 30 of 2011.

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, Patan and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Patan as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Special Case (Atro) No. 31/2011.

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. 10 was framed against the accused and the statements of the accused was recorded at Exhs. 11 and 12 respectively, 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 6 witnesses and produced 6 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. 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