(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application is for leave to prefer appeal against the judgement and order passed by the learned Special Judge (Atrocity) in Atrocity Criminal Case No.23 of 2010, whereby the learned Special Judge has acquitted the respondents for the offence under Sections 504, 506(2) and 114 of IPC read with Section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
We have considered the judgement and the reasons recorded by the learned Special Judge. We have heard the learned Counsel appearing for the applicant, Ms.Shah as well as Mr.Pandya, learned APP for the State. We have also considered the record and proceedings of Atrocity Criminal Case No.23 of 2010.
It appears that as per the complaint filed by the complainant himself, there is a strong animosity between the parties, inasmuch as in the complaint, it has been stated that the incident had happened on 15.5.2009 and thereafter, the proceedings in the civil suit were initiated on 22.5.2009 and it was learnt by the accused that the application was made for breach of peace (chapter case) against the complainant by the accused and, therefore, the present complaint has been filed on 23.6.2009. The aforesaid aspect, in the cross-examination of the complainant - PW-1, was initially denied by him and thereafter, he has stated in the cross-examination that he does not remember the same. Further, there is no independent witness for the use of the alleged language by the accused and the witnesses are only family members of the complainant.
In view of the aforesaid, if the learned Special Judge has found that the prosecution has not been able to prove the case beyond reasonable doubt, the same cannot be said as an error, which may call for interference in the appeal against the order of acquittal.
Hence, leave does not deserve to be granted. Therefore, not granted. The application is disposed of accordingly.
(Jayant Patel, J.) (Paresh Upadhyay, J.) vinod Top