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2025 Supreme(Guj) 1945

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat – Appellant
Versus
Shankarbhai @ Popat Ganpatbhaimarwadi Bhati – Respondent


Advocates Appeared:
For the Appellant : Ms.C.M.Shah, APP

JUDGMENT :

S.V. Pinto, J.

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and the order passed by the learned Special Judge, City Civil & Special Judge, Ahmedabad (hereinafter referred to as ‘the learned Trial Court’) in Special Case ( Atro) No. 22 of 2010 dated 25.01.2011, whereby, the learned Trial Court has acquitted the respondent – accused from the offences punishable under Sections 323, 294(b) and 506(2) of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Atrocities Act’).

1.1. The respondent is hereinafter referred to as ‘the accused’ as he stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing of the present appeal are as under:

2.1. On 28.06.2007, at around 5.30pm, the accused came to the house of the complainant Maheshbhai Babubhai Vaadodara and started abusing Vasantben, the wife of the complainant Maheshbhai Vaadodara

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