IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1393 of 2012 ==========================================================

STATE OF GUJARAT Versus HARESHBHAI RAMABHAI PATEL & ORS.

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Appearance:

MS MEGHA CHITALIYA, APP for the Appellant(s) No. 1 MR DEVANSH KAKKAD FOR MR A S TIMBALIA(7372) for the NOTICE SERVED for the Opponent(s)/Respondent(s) No. 5 ==========================================================

CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 09/03/2026

JUDGMENT

1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 07.05.2012 passed by the learned Special Judge, 4th Additional Sessions Court, Kheda at Nadiad, in Special (Atrocity) Case No.10 of 2011, for the offences punishable under Sections 506(2) of the Indian Penal Code and Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the appellant – State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, “the Code”).

2. The prosecution case, as unfolded during the trial before the lower Court, is that the complainant - Bhulabhai Valabhai Vankar, resident of Jaliya, Tal. Mahemdabad is residing with his family at Mahemdavad and serving at Telephone Exchange at Kathlal since last ten years. That on 05.01.2009, he purchased one Auto Rickshaw bearing registration No.GJ-7-TT-4016 from Hareshbhai Ramanbhai Patel, Bhulapura, Tal.Kathlal for Rs.70,000/-, and at that time, the complainant had paid Rs.20,000/- to him and assured that rest of the amount i.e.50,000/-, he would give in ten installments of Rs.5,000/-. Thereafter, he had paid regularly for five months through cheque in the name of Hareshbhai Ramanbhai Patel, but he could not paid from the month of June since Hareshbhai had permanently changed his address to Ahmedabad. Thereafter the driver of the complainant viz. Sikandarmiya Malek, Re. Jaliya, Tal.Mahemdavad informed the complainant that one Bhikhabhai Mathurbhai Raval had taken away the said Auto from him. At the same evening, he met Bhikhabhai Mathurbhai who was the guarantor while the complainant was purchasing auto and he informed the complainant that since the complainant had not paid installments regularly, he took away auto and also asked the complainant to give Rs.25,000/- and then only he would release the auto. Therefore, on 22.07.2009, the complainant gave Rs.25,000/- to Bhikhabhai, in cash, against which, he received a receipt also. However, at that time, said Bhikhabhai informed the complainant to give additional Rs.5,000/- and then only he would release the R.C.Book of the auto. Therefore, on 22.09.2009, he had given a barer cheque of Rs.5,000/-, against which, a receipt was issued for the same. Thus, as such, the whole transaction regarding purchase of auto-rickshaw had been completed. However, in the month of April-2010, said Bhikhabhai Mathurbhai Raval had again snatched away the auto with the help of finance agency person from Khatraj Chokdi and the same was parked in front of the house of Bhikhabhai. Thereafter, a person from Radhika Finance made a call to the complainant asking him to pay Rs.42,000/- and then they would transfer the auto in the name of complainant as an owner. In the meantime, Hareshbhai had returned to Kathlal and started business of paan bidi, where the complainant used to sit. He also asked the complainant to pay Rs.42,000/-, otherwise, he would not release the auto or R.C.Book.

That on 23.07.2010 at about 6:00 O'clock, a quarrel took place between the complainant and the accused while the complainant stood at his office regarding installments and threatened the complainant that they would sell the auto to another person. That on 24.07.2010, when the complainant was doing duty at his office, all the accused had come there and Hareshbhai pointed out knife at him and uttered foul abuses towards his caste. Not only that, but rest o