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2025 Supreme(Guj) 1933

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat – Appellant
Versus
Ilaben, D/o. Kantibhai Motibhai Rathod – Respondent


Advocates Appeared:
For the Appellant : MS. C.M. Shah, APP.
For the Respondents: Mr Pravin Gondaliya, Rule Served.

JUDGMENT :

S.V. PINTO, J.

1. The appeal is filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Additional Sessions Judge, Kheda at Nadiad (hereinafter referred to as “the learned Trial Court”) in Special (Atrocity) Case No. 71 of 2010 on 08.11.2012, whereby, the learned Trial Court has acquitted the respondent for the offence punishable under Sections 506(2) and 294B 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 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 The complainant - Jignaben Somajibhai Balad and the accused were working as teachers in J.H. Sonawala High School, Mehemdabad since the year 2006. On 23.06.2010, at around 10.00 hours, the accused abused the complainant, hurled caste slurs against her and wrote on the blackboard abusive words against the complainant and threa

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