In acquittal appeals, the appellant court must respect the presumption of innocence and will not overturn acquittals unless the trial court's findings are unreasonable or perverse.

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 against the judgement and order of acquittal passed by learned Special Judge & Additional Sessions Judge, Bharuch (hereinafter referred to as "the learned Trial Court") in Special (Atrocity) Case No. 35 of 2011 on 26- 03-2012, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323, 324, 504, and 114 of Indian Penal Code, 1860 (hereafter referred to as "IPC" for short) and Section Section 3(1)(10) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocities Act”).

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 On 24-06-2011, at around 20:.00 hours, the accused Nos. 1 to 3 were teasing Sandhyaben Vasava - the niece of the complainant Leelaben Ambalal Vasava at Kelod village and Ambalal Mathurbhai Vasava - the husband of the complainant Leelaben went to scold them for the same and at that time, the accused No. 1 took a stick and gavea blow with the stick on the head of Ambalal. The accused No. 2 took a knife from his pocket and tried to assault Ambalal but as he raised his right hand, he got injured on the fingers. The accused No. 3 bit Ambalal on his back and at that time, niece Sandhya and nephew Kiran came and intervened and released Ambalal from further beatings. The accused Nos. 4, 5 and 6 also came to the spot and assaulted Sandhyaben and the 108 ambulance was called and Ambalal was taken for treatment to the Civil Hospital at Bharuch. The complainant filed the complaint at the Bharuch Taluka Police Station under Sections 323, 324, 504 and 114 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC) and Section 3(1)(10) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocity) Act,1889 (hereinafter referred to as the Atrocities Act), which came to be registered at Bharuch Taluka Police Station vide I-C.R.No. 55 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 Chief Judicial Magistrate, Bharuch and as the said offences against the accused was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Bharuch as per the provisions of Section 209 of the Code of Criminal Procedure and the case was registered Special (Atrocities) Case No. 35 of 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. 4 was framed against the accused and the statements of the accused were recorded at Exh.5 to Exh.10 respectively, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record.

2.4 The prosecution produced fourteen oral and twelve documentary evidences to bring home, the charge against the accused and after the learned Additional Public Prosecutor filed the closing pursis at Exh. 38 , the further statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 were recorded, wherein, the accused denied all the evidence of the prosecution on record. The accused refused to step into the witness box or examine witness