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CR.MA/12361/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12361 of 2009
In
CRIMINAL
APPEAL No. 2125 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
VIKRAMSINH
BHIKHUBHA JADEJA - Respondent(s)
=========================================================
Appearance
:
MR
KP RAVAL Ld. APP for Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 05/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The
present application for leave to prefer appeal is directed against
the judgment and order dated 7.8.2009 in Special Case No. 36/2007,
passed by the learned Special Judge, Atrocity, Fast Track Court No.
4, Jamnagar, whereby, the accused has been acquitted for the offence
under sec. 506(2) of IPC and under sec. 3(1)(10) and 3(2) (5) of the
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)
Act.
2. We
have considered the judgment and reasons recorded by the learned
Special Judge. We have also heard Mr. KP Raval learned APP for the
State.
3. It
is undisputed position that the accused has already been convicted by
the learned Special Judge for the offence under sec. 306 of IPC and
the sentence of 7 years R/I is imposed with the fine of Rs. 3000/-.
Against which, the accused has preferred an appeal being Criminal
Appeal No. 1710/2009 before this Court and the said appeal has been
admitted on 30.9.2009. Under the circumstances, the State has
preferred an appeal only against the acquittal for the offence under
sec. 506(2) of IPC and under sec. 3(1)(10) and 3 (5) of the
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)
Act. As per the evidence on record, there is no use of any language
or any positive action which results community lowering down the
status of victim. Further in the deposition of PW-3 Pravinbhai
Lakhubhai Ex. 16, no evidence has come on record for giving threat
which may constitute the offence under sec. 506(2) of the IPC. Under
the circumstances, if the learned Special Judge has found that the
prosecution has not been able to prove the case beyond reasonable
doubt for the aforesaid offence, the same cannot be said to be
erroneous.
4. Hence,
leave does not deserve to be granted and therefore, not granted.
Application is disposed of accordingly.
(JAYANT
PATEL, J.)
(Z.K.SAIYED,
J.)
mandora/
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