The appellate court observed that a trial acquittal must not be overturned without compelling evidence, maintaining a strong presumption of innocence for the accused.

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 Additional Sessions Judge, Morbi (hereinafter referred to as "the learned Trial Court ") in Special (Atrocity) Case No. 02 of 2009 on 21.01.2012, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 143, 147, 148, 149, 323 and 504 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 14-10-2008, at around 14:00 Hrs., the complainant was at her home at around 02.00 pm and she came to know that the members of the Gram Panchayat were removing the encroachment that was made by her husband and the cattle of persons belonging to the Bharwad community were left into the field and she and her sons went to the place, which was in village Palasadi, Taluka Wankaner and at that time the accused formed an unlawful assembly and armed themselves with sticks and abused the complainant and assaulted her and the witnesses. The accused also hurled derogatory caste-slurs against them and the complainant filed a complaint at the Wankaner Taluka Police Station under Sections 143, 147, 148, 149, 323 and 504 of the IPC and Section 3 (1)(10) of the Atrocity Act which came to be registered at Wankaner Police Station I-C.R.No.53 of 2008.

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 the Judicial Magistrate First Class, Morbi and as the said offences against the accused was exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Morbi as per the provisions of Section 209 of the Code of Criminal Procedure and case was registered Special (Atrocities) Case No. 02 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. 7 was framed against the accused and the statements of the accused were recorded at Exhs. 8 to 18, 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 five oral and eleven documentary evidences to bring home the charge against the accused and after the learned Additional Public Prosecutor filed the closing pursis at Exh. 41, 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 acquit all the accused from all the charges leveled against them.

3. Being