Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 07.04.2010 passed by the learned Additional Sessions Judge and Special Judge, Patan, in Special Case (Atrocity) No.13 of 2008. The trial court had acquitted the respondents, Father Prasadji John and another, of offences punishable under Section 354 of the Indian Penal Code and Section 3(1)(11) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appeal was heard by a single judge of the Gujarat High Court. At the outset, the prosecution placed on record a letter from the Police Inspector, Radhanpur Police Station, dated 09.02.2026, along with a death certificate, stating that the original complainant, Shantaben Gulabbhai Bhil, who had been added as respondent No.2 vide order dated 16.06.2025, had died. The court noted that the original complainant was dead and there was no other evidence on record to support the appeal. Consequently, the court held that the appeal could not succeed and dismissed it. The judgment was delivered on 24/02/2026 by Honourable Mr. Justice Sanjeev J. Thaker.
Headnote
A) Criminal Appeal - Appeal against acquittal - Section 378 CrPC - Death of complainant - The State appealed against acquittal under Sections 354 IPC and 3(1)(11) SC/ST Act. The original complainant died during pendency of appeal. The court held that in absence of any other evidence, the appeal cannot succeed and dismissed it. (Paras 1-2) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(11) - Insult or intimidation in public view - The trial court acquitted the accused as the prosecution failed to prove the offence beyond reasonable doubt. The High Court found no perversity in the trial court's judgment and dismissed the appeal. (Para 1)
Issue of Consideration
Whether the judgment of acquittal passed by the trial court is perverse and requires interference by the High Court under Section 378 of the Code of Criminal Procedure, 1973.
Final Decision
Appeal dismissed. The judgment of acquittal dated 07.04.2010 passed by the learned Additional Sessions Judge and Special Judge, Patan, in Special Case (Atrocity) No.13 of 2008 is confirmed.
Law Points
- Appeal against acquittal
- Death of complainant
- Lack of evidence
- Section 378 CrPC
- Section 354 IPC
- Section 3(1)(11) SC/ST Act
