2019 CRI. L. J. 3047
(GUJARAT HIGH COURT)
State of Gujarat v. Bharwad Danubhai Kachrabhai and others.
Criminal Appeal No. 849 of 2008,
D/14-3-2019.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989), S. 3(1)(x)-Penal Code (45 of 1860), Ss. 323, 324, 504, 506, 114 Evidence Act (1 of 1872), S. 3- Offence of atrocity and hurt-Proof – Accused persons allegedly assaulted informant and his brother and abused them relating to their caste – Injuries found on body of victims were simple in nature – No uniformity in evidence of informant and his brother-Testimonies of victims not corroborating with that of eye-witnesses -Incident occurred on private agricultural field which is not in public view – Only utterance as alleged by informant that accused addressed him as ‘Padhiyar’, itself would not constitute derogatory or insulting word of his caste and community No case made out against accused persons Acquittal proper.