Presumption of innocence is reinforced upon acquittal; appellate courts must not disturb findings if trial courts' views are reasonable and plausible.

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 (Atrocities), Navsari Camp at Vansda (hereinafter referred to as "the learned Trial Court") in Special (Atrocity) Case No. 6 of 2009 on 21- 10-2011, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 323, 504, 506(2) and 114 of Indian Penal Code, 1860 (hereafter referred to as "IPC" for short) and Section Section 3(i)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocities Act”) and Section 135 of the Gujarat Police 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 19-04-2009, at around 9 AM, the complainant Manjuben Bapubhai Kunkana was in front of her house situated in Station Faliya: Navtad, Taluka:Vansda, District: Navsari and at that time, the accused No. 1 came and asked her why her husband was casting glances against her with intention to outrage her modesty. The accused No. 1 took the wooden stick used to wash clothes from the complainant and gave a blow to the complainant with the stick on her head, and the accused No. 2 went into the house and brought a stick and gave a blow on the back of the complainant. The complainant filed the complaint at the Vansda Police Station under Sections 323, 504, 506(2) and 114 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC), Section 135 of the Bombay Police Act and Section 3(1)(10) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1889, which came to be registered as Vansda Police Station vide II – C.R.No.46 of 2009.

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 Judicial Magistrate First Class Vansda and as the said offences against the accused was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Navsari as per the provisions of Section 209 of the Code of Criminal Procedure and case was registered Special (Atrocities) Case No. 6 of 2009.

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. 1 was framed against the accused and the statements of the accused were recorded at Exh. 2 and 3, 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 twelve oral and nine documentary evidences to bring home charge against the accused and after the learned Additional Public Prosecutor filed the closing pursis at Exh. 33 , 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 witnesses on their behalf and state that a false case has been filed against them. After the arguments of the learned Additional Public Prosecutor and the learned advocate for the accused were heard, the learned trial Court by the impugned judgment and order was pleased to ac