JUDGEMENT

The present appeal, under Section 378 (1) (3) of the Code of Criminal Procedure, 1973 , is directed against the judgement and order of acquittal dated 14.08.2007 passed by the learned Additonal Sessions Judge, Fast Track Court No.3, Bharuch, in Atrocity Case No. 23 of 2007 whereby the accused was acquitted of the charges leveled against him.

The facts of the prosecution case in brief are as under:

2.1 On 26.06.2006 at about 14:15 hours the present respondent-accused came to the shop of Siraj Ahmeda Gaji where the complainant- Umedbhai Ambubhai Vasava and witness- Shantibhai Shankerbhai Vasava were working at that time the accused- Akib Mustab Lallu Vo. Patel, who was minor and case against him was registered before the Juvenile Court also came and made some conversation with Shantilal and thereafter Akib started to give foul abuses to Shantilal and in the meantime accused Mustak had also come an