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2025 Supreme(Guj) 1996

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat – Appellant
Versus
Salimmiya Isammiy Bin Akbarmiya Malek – Respondent


Advocates Appeared:
For the Appellant : Mr. Aditya Jadeja, APP
For the Respondents: A. S. Timbalia, Notice 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 Special Judge and 4th Additional Sessions Judge, Nadiad (hereinafter referred to as “the learned Trial Court”) in Special (SC/ST) Case No. 31/2014 on 31.12.2015, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 452, 323, 504, 506(2) and 114 of Indian Penal Code, 1860, Section 135 of the G.P. Act 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 On 24.08.2014, at around 06.30 pm, the accused entered into the house of the complainant – Sangeetaben - wife of Deepakbhai Govindbhai Vaghela at village Nani Khadol and abused the complainant and the accused no. 1 slapped her two to three times. The

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