An appellate court has broad powers to review evidence in acquittal appeals but should exercise caution, respecting the presumption of innocence unless the trial court's conclusions are unreasonable.

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 judgment and order of acquittal passed by learned 3^rd Additional Sessions Judge Bharuch Camp at Ankleshwar (hereinafter referred to as "the learned Trial Court") in Special (Atrocity) Case No. 43 of 2010 on 26-03-2012 whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 452, 323, 504, 506(2), 342 and 114 of Indian Penal Code, 1860 (hereafter referred to as "IPC" for short) and Section Section 3(1)(x) 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 07-02-2001 at 11.30 pm the accused illegally trespassed into the house of the complainant - Chandrakant Bharmalbhai Bhagat at Achhaliya village, abused him, hurled caste-slurs against him and threatened to falsely implicate him in the murder case of Dinesh Bhimsingh. The accused Nos. 1 and 3 caught hold of the complainant and the accused No. 2 assaulted the complainant with fists threatened to kill him and took him to the Ummalla Police Station. The complainant - Chandrakant Bharmalbhai Bhagat filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 invoking Sections 452, 323, 504, 506 (2) 114 and 342 of the IPC and Section 3 (1) (10) of the Atrocity Act, 1989 before the Court of the Judicial Magistrate First Class, Jhagadia on 09-02-2001. The complaint was registered as Inquiry Case No. 2 of 2001 and the learned Trial Court was pleased to pass an order Court Inquiry under Section 202 of the Code of Criminal Procedure. After the complainant and his witnesses were examined, the learned Trial Court was pleased to take cognizance for the offenses under Sections 452, 323, 504, 506 (2), 114 and 342 of the IPC and Section 3 (1)(10) Atrocity Act,1989 and issued summons to the accused by an order dated 26-02- 2002. Thereafter, as the matter was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Bharuch camp at Ankleshwar as per the provisions of Section 209 of the Code of Criminal Procedure and case was registered Special (ATRO) Case No. 43 of 2010.

2.2 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 necessary papers were provided to the accused as per the provisions of Section 207 of the Code. A charge at Exh. 8 was framed against the accused and the statements of the accused were recorded at Exhs. 9 to 11, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record.

2.3 The prosecution produced oral and documentary evidences to bring home the charge against the accused and after the learned Additional Public Prosecutor filed the closing pursis at Exh. 23 , 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, but produced the record of Criminal Case No. 1242 of 2001 on record. The accused refused to step into the witness box or examine witnesses on their behalf and stated that a false case has been filed against them. After the arguments of the learned Additional Public Prosecutor and the le