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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI
Ahir Naran Govind Solanki – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
GITA GOPI, J.
1. Challenge was given by the appellants by filing the appeal under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 13.3.2007 passed by the learned 2nd Additional Sessions Judge, Veraval in Atrocity Sessions Case no.3 of 2004, whereby both the accused were convicted for the offence punishable under Section 332 of the Indian Penal Code, 1860 (IPC) and were ordered to undergo sentence of three years rigorous imprisonment and fine of Rs.5,000/- with default stipulation that in failure to pay the fine amount, further to undergo six months rigorous imprisonment. Both the accused were acquitted of the charges under Sections 506(2) and 114 IPC and further were acquitted for the charge under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (hereinafter referred to as “the Atrocities Act”).
2. During pendency of the present appeal, the appellant no.2 being accused no.2 of the Sessions Case died and hence, the present appeal stood abated against him.
3. Learned advocate Mr. Ashish M. Dagli, concentrating his argument in connection with the appellant no.
Intent to deter a public servant is essential for conviction under Section 332 IPC, and lack of evidence supporting such intent necessitates acquittal.
The main legal point established in the judgment is that assaulting a public servant to deter them from discharging their duty constitutes offences under Sections 332 and 353 IPC, and the court may c....
The court affirmed the conviction under Sections 353 and 504 IPC, establishing that abusive actions towards a public servant can constitute assault, deterring them from performing their official duti....
A public servant, while discharging official duties, cannot be prosecuted without prior sanction; allegations lacking credible evidence, particularly injury, support quashing criminal proceedings.
sanction as contemplated under Section 197 Cr.P.C cannot be a precondition for taking cognizance off the offences against the accused and for prosecuting them. The trial court undoubtedly is justifie....
In acquittal appeals, the appellate court respects the trial court's findings unless compelling evidence shows the decision was unreasonable.
The main legal point established in the judgment is that public servants, when allegedly committing an offence in discharge of their official duties, require prior sanction for prosecution under Sect....
A public servant, when reacting angrily and abusively in a personal capacity, cannot claim protection under Section 197 of the Code of Criminal Procedure for actions that do not constitute the discha....
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