Gujarat High Court
State Of Gujarat vs Pravinbhai Ishwarbhai Bhagat on 9 July, 2025
NEUTRAL CITATION
R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 697 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE S.V. PINTO
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Approved for Reporting No
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STATE OF GUJARAT
Versus
PRAVINBHAI ISHWARBHAI BHAGAT & ORS.
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Appearance:
MR. PRANAV DHAGAT, APP for the Appellant(s) No. 1
ABATED for the Opponent(s)/Respondent(s) No. 1
ADVOCATE NOTICE SERVED for the Opponent(s)/Respondent(s) No. 4
ADVOCATE NOTICE UNSERVED for the Opponent(s)/Respondent(s) No. 2
RULE UNSERVED for the Opponent(s)/Respondent(s) No. 3
UNSERVED EXPIRED (N) for the Opponent(s)/Respondent(s) No. 5
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 09/07/2025
ORAL JUDGMENT
1. The appeal is filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 5, Vadodara (hereinafter referred to as "the learned Trial Court") in Atrocity Case No. 49/2009 on Page 1 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined 01.04.2011, whereby, the learned Trial Court has acquitted the respondents extending benefit of doubt for the offence punishable under Sections 323, 504 and 114 of IPC and Section 3(1)(10) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocity Act" for short).
1.1 During the pendency of the appeal, the respondent no. 1 had expired and hence, by an order dated 25.11.2024, the appeal qua the respondent no. 1 was abated. 1.2 The respondents are hereinafter referred to as "the accused" in the rank and file as they stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts that emerge from the record of the case are as under:
2.1 On 18.09.2009, the complainant - Vijaybhai Bhailalbhai Vasava went along with his nephew -
Alpeshbhai Buddhisagar Vasava to J.J. Sarvajanik High School at Kandari and at that time, the accused were standing out of the office. The complainant and Alpeshbhai Buddhisagar Vasava had given an application for getting the Page 2 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined school leaving certificate and all the accused abused them and asked them why they had entered the high school and got angry and pushed them out of the school. The accused no. 1 gave two slaps on the right cheek of the complainant and the complainant gave an application to the Karjan Police Station on the same day and thereafter, filed a complaint on 27.09.2009 at Karjan Police Station which was registered at Karjan Police Station I - C.R. No. 146 of 2009 under Sections 323, 504 and 114 of the IPC and Section 3(1)(10) of the Atrocity Act.
2.2 The Investigating Officer recorded the statements of the connected witnesses and seized the necessary documents and after completion of investigation, a charge- sheet came to be filed before the Court of the Judicial Magistrate First Class, Karjan and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Vadodara as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Atrocity Case No. 49/2009.
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NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined 2.3 The accused were duly served with the summons and the accused appeared before the learned Trial Court and it was verified whether the copies of all the police papers were provided to the accused as per the provisions of Section 207 of the Code. A charge at Exh. 4 was framed against the accused and the statements of the accused was recorded at Exhs. 5, 6, 7 and 8 wherein, the accused denied the contents of the charge and the entire evidence of the prosecution was taken on record.
2.4 The prosecution examined 9 witnesses and produced 17 documentary evidences on record in support of their case and after the learned Additional Public Prosecutor filed the closing pursis, the further statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 was recorded and after the arguments of the learned Additional Public Prosecutor and the learned advocate for the accused were heard, the learned Trial Court by the impugned judgement and order was pleased to acquit all the accused from the charges levelled against them.
3. Being aggrieved and dissatisfied with the said Page 4 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined judgment and order of acquittal, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order of acquittal passed by the learned Trial Court is contrary to law and evidence on record and the learned Trial Court has not appreciated the fact that all the witnesses have supported the case of the prosecution and during the cross-examination, nothing adverse has been elicited in favor of the respondents. The case has been proved beyond reasonable doubt and the prosecution has successfully established the case against the respondents and the judgment and order of acquittal is unwarranted, illegal, and without any basis in the eyes of the law and the reasons stated while acquitting the respondent are improper, perverse and bad in law. Hence the impugned judgment and order passed by the learned Trial Court deserves to be quashed and set aside.
4. Heard learned APP Mr. Pranav Dhagat for the appellant State. Though served, none has appeared on behalf of the respondents. Perused the impugned judgement and order of acquittal and have reappreciated the entire Page 5 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined evidence of the prosecution on record of the case.
5. Learned APP Mr. Pranav Dhagat has taken this Court through the entire evidence of the prosecution on record of the case and submitted that the complainant has fully supported the facts of his complaint. The impugned judgement and order is perverse and learned APP has urged this Court to quash and set aside the same and find the respondent guilty for the offences.
6. At the outset, before discussing the facts of the present case, it would be appropriate to refer to the observations of the Apex Court regarding the scope of interference in acquittal appeals in the case of Chandrappa & Ors. Vs. State of Karnataka reported in 2007 (4) SCC 415, wherein, the Apex Court has observed as under:
Recently, in Kallu Vs. State of M.P. (2006) 10 SCC 313, this Court stated:
"While deciding an appeal against acquittal, the power of the Appellate Court is no less than the power exercised while hearing appeals against conviction. In both types of appeals, the power exists to review the entire evidence. However, one significant difference is that an order of acquittal will not be interfered with, by an appellate court, Page 6 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined where the judgment of the trial court is based on evidence and the view taken is reasonable and plausible. It will not reverse the decision of the trial court merely because a different view is possible. The appellate court will also bear in mind that there is a presumption of innocence in favour of the accused and the accused is entitled to get the benefit of any doubt. Further if it decides to interfere, it should assign reasons for differing with the decision of the trial court".
From the above decisions, in our considered view, the following general principles regarding powers of appellate Court while dealing with an appeal against an order of acquittal emerge;
(1) An appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded;
(2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate Court on the evidence before it may reach its own conclusion, both on questions of fact and of law;
(3) Various expressions, such as, 'substantial and compelling reasons', 'good and sufficient grounds', 'very strong circumstances', 'distorted conclusions', 'glaring mistakes', etc. are not intended to curtail extensive powers of an appellate Court in an appeal against acquittal. Such phraseologies are more in the nature of 'flourishes of language' to emphasize the Page 7 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined reluctance of an appellate Court to interfere with acquittal than to curtail the power of the Court to review the evidence and to come to its own conclusion.
(4) An appellate Court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court. (5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
7. The law with regard to acquittal appeals is well crystallized and in acquittal appeals, there is presumption of innocence in favour of the accused and it has finally culminated when a case ends in an acquittal. The learned Trial Court has appreciated all the evidence and when the learned Trial Court has come to a conclusion that the prosecution has not proved the case beyond reasonable Page 8 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined doubts, the presumption of innocence in favour of the accused gets strengthened. There is no inhibition to re appreciate the evidence by the Appellate Court but if after re appreciation, the view taken by the learned Trial Court was a possible view, there is no reason for the Appellate Court to interfere in the same.
8. In light of the above settled principle of law, the evidence of the prosecution is dissected and the prosecution has examined PW1 - Rameshbhai Ranchhodbhai Patel at Exh. 16 and PW2 - Jayantibhai Prabhudas Patel at Exh. 17. Both the witnesses are the panch witnesses of the arrest panchnama by which the accused were arrested and the panchnama is produced at Exh. 17. The witnesses have not supported the case of the prosecution and have been declared hostile and cross- examined at length but nothing to support the case of the prosecution has come on record.
8.1 The prosecution has examined PW3 - Parsottambhai Tribhovanbhai Harijan at Exh. 19 and the witness is the panch witness of the panchnama of the place of offence Page 9 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined which is produced at Exh. 20. The witness has fully supported the case of the prosecution and during the cross- examination has admitted that the complainant is his neighbour and he was called by the complainant. He is not an eyewitness to the incident but he had heard that the incident has occurred and the school compound has three buildings but he cannot identify the exact place where the incident has occurred.
8.2 PW4 - Vijaybhai Bhailalbhai Vasava examined at Exh. 22 is the complainant who has supported the contents of the complaint. During the cross-examination, the witness has stated that he had studied in J.J. Sarvajanik High School and he is aware that an application for the school leaving certificate has to be given and any important document cannot be given to any person. At the time of the incident, Alpeshbhai was a minor and there was no authorisation letter from his parents to take the school leaving certificate of the minor. That in the application, he had not affixed his signature as the guardian of the minor and he had not signed at any place on the application and Page 10 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined he had gone to K.T. Sarvajanik High School for demanding the school leaving certificate and in the complaint, he has not mentioned that he had gone to J.K. Sarvajanik High School to take the school leaving certificate of Alpeshbhai. In the application for the school leaving certificate, he has not mentioned in which school Alpeshbhai had studied and he was informed to give an application in writing. The accused are engaged in social and educational activities and he had earlier given the application which is produced at Exh. 23. That he was arrested in a criminal case and a complaint has been had been filed against him and his family members as during a program in Sarvajanik High School, they had thrown stones and damaged vehicles and the case was pending against them. The complainant has produced the application given on 18.09.2009 at Exh. 23, the complaint at Exh. 24 and the caste certificate at Exh. 25. 8.3 PW5 - Kamlesh @ Alpesh Buddhisagar Vasava has been examined at Exh. 26 and as per the case of the prosecution, the witness was present along with the Page 11 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined complainant at the time of the incident and is an eyewitness to the incident. The witness has fully supported the case of the prosecution and during the cross- examination has stated that in the school compound, there are three schools - Vidyavihar Primary School, Srimati K. T. Patel Primary School and J. K. Patel Primary School and all the three schools have different buildings and separate offices. That in the school, his name was mentioned as Alpeshkumar Buddhisagar Vasava and he had given the application for the school leaving certificate and at that time his parents or relatives were not present. He does not know whom was the application given to and he was told to get the signature of his parents and that the certificate would be given after two days. They came out of the office but the complainant insisted that the certificate should be given on the same day. After the incident, he had gone home and the complainant had called him to the Police Station where his statement was recorded and the complainant had dictated his statement. At the time of the incident, there were many people present in the compound Page 12 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined and the school management had telephoned the police, and a policeman named Yogendrabhai had come to the school and had removed everyone out from the compound. At that time, the accused had also come to the school as they were the trustees of the school.
8.4 PW6 - Mehulkumar Vinodchandra Patel examined at Exh. 27 was working as a teacher in the school on the date of the incident and he has stated that the complainant along with Alpesh came and demanded for the school leaving certificate of Alpesh. The application was given to him but did not bear the signature of the parents or guardian of Alpesh and he was told to give a complete application with the details and the signature of the parents but the complainant insisted that the school certificate should be given on the same day. The application given by the complainant is produced at Exh. 28. The witness has stated that when he was leaving the school, he saw the police as there was a verbal altercation between the complainant and the trustees and the police had demanded for information regarding Kamlesh Buddhisagar Vasava Page 13 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined and his school leaving certificate by the letter produced at Exh. 29 and the reply given by them is produced at Exh.
30. During the cross-examination, the witness has stated that the complainant was told to give a detailed application with the proper signatures and the school leaving certificate would be given after two days but the complainant got angry and insisted that the school leaving certificate should be given on the same day. The complainant had also threatened to file a complaint against the witness. 8.5 PW7 - Yogendrabhai Kabhaibhai Patanwadia examined at Exh. 32 has stated that he was working in Kandari Beat, Karjan Police Station and on 20.09.2009, the application of Vijaybhai Bhailalbhai Vasava had come to him for investigation. He met the complainant and recorded his statement, wherein, the complainant has stated that the details mentioned in the application dated 18.09.2009 are correct and besides that nothing else had happened and his statement was recorded on 20.09.2009 and a report was sent by the witness to the Police Station. The Police Inspector had called the applicant but he refused to come Page 14 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined in-person and a summons under Section 160 of the Code of Criminal Procedure, 1973 was sent to him but the applicant did not come to the Police Station and once again he was informed on 27.09.2009 on his mobile to come to the Police Station. The complainant came to the Police Station and filed a complaint under the Atrocity Act which was registered at Karjan Police Station II - C.R. No. 146 of 2009 under Sections 323, 504 and 114 of the IPC and Section 3(1)(10) of the Atrocity Act. The witness has produced the summons under Section 160 of the Code of Criminal Procedure, 1973 sent to the complainant at Exh. 33 and the report sent to Police Inspector, Karjan Police Station at Exh. 34. During the cross examination the witness has admitted that on 18.09.2009, he had gone to the school compound and a verbal altercation between the complainant and the accused had taken place and the school management had informed the Police Station as the examinations were going on and he had removed the complainant from the school compound and at that time Page 15 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined the complainant did not say that he was beaten or caste slurs were used against him.
8.6 PW8 - Mahendrasinh Somsinh examined at Exh. 35 is the PSO, Karjan Police Station who has registered the complaint of the complainant. The witness has produced the extract of the Station Diary at Exh. 36. 8.7 PW9 - Keshavlal Premjibhai Gajipara examined at Exh. 40 is the Investigating Officer who has narrated in detail the procedure undertaken by him during investigation. During the cross examination the witness has stated that during investigation no conclusive evidence was found that witness Alpeshbhai and Kamleshbhai are one and the same persons.
9. On minute perusal of the entire evidence of the prosecution on record, the incident as per the say of the complainant has occurred on 18.09.2009 and the complainant had gone to the Police Station and given an application which is produced at Exh. 23 wherein he has stated that between 11.00 am and 11.30 am he had gone to Kandari High School with his nephew named Alpesh to get Page 16 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined his school leaving certificate and the accused had asked them why they had entered into the school without permission and had pushed them out of the school and the application was inquired into by PW7 - Yogendrabhai Kabhaibhai Patanwadia. The complainant did not want to expand any further about his application and after he was served with the summons under Section 160 of the Code of Criminal Procedure, 1973 which is produced at Exh. 33 he had gone and filed the complaint, wherein, he had stated that caste slurs were used against him and Alpesh and he was slapped twice on his right cheek. The complaint at Exh. 24 is given on 27.09.2009 and there is no explanation regarding the delay in filing the complaint. Moreover, during the further statement of the accused recorded under section 313 of the Code of Criminal Procedure, 1973, it is come on record that the complainant had earlier filed a case at Vadodara Taluka Police Station against the accused no. 1 and nine others under Sections 323, 326, 324, 337, 143, 147, 148, 149, 504, 506(2) of the IPC and Section 3(1) (10) of the Atrocity Act and Section 135 of the BP Act which Page 17 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined was registered at Karjan Police Station I - C.R. No. 99 of 2007 and after filing of the charge sheet, Special Atrocity Case No. 63 of 2007 was tried by the learned Presiding Officer, Fast Track Court No. 3, Vadodara, wherein, all the accused were acquitted from the offence. As per the case of the prosecution, the complainant had gone to get the leaving certificate of Alpeshbhai Buddhisagar Vasava and the application that was given in the school is produced on record at Exh. 28. On perusal of the document produced at Exh. 28, it is an application signed by Kamleshkumar and it states that he was studying in class 5 in the year 2006 and he wanted his certificate but the application is not address to the Principal of any specific school. Admittedly, there were three schools functioning in the same compound and the application does not mention in which school Kamlesh was studying. As per PW9 - Keshavlal Premjibhai Gajipura - the Investigating Officer there is no evidenceon record that Kamlesh and Alpesh were the same persons and moreover it has also come on record that the complainant did not have any relation with Alpesh who was Page 18 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined a minor on the date of the incident. PW6 - the Teacher of K.T. Patel Sarvajanik High School has stated that the complainant and Alpeshbhai had come to give the application and they were told to give a proper application with the signature of the guardian of Alpesh as he was a minor on the date of the incident and they would be given the school leaving certificate after two days. There is also evidence on record that there were three schools in the same compound and the application at Exh. 28 does not state in which school the witness was studying and the application is not addressed to anyone. Moreover, the caste certificate of the complainant has been produced by the complainant at Exh. 25 and there is nothing on record to prove that the Investigating Officer had undertaken any investigation with regard to the caste certificate of the complainant. The learned Trial Court has appreciated all the evidence and discussed the entire oral and documentary evidence in the impugned judgment.
10. In view of the settled position of law in the decisions of Chandrappa (supra), the learned Trial Court has Page 19 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025 NEUTRAL CITATION R/CR.A/697/2011 JUDGMENT DATED: 09/07/2025 undefined appreciated the entire evidence in proper perspective and there does not appear to be any infirmity and illegality in the impugned judgment and order of acquittal. The learned Trial Court has appreciated all the evidence and this Court is of the considered opinion that the learned Trial Court was completely justified in acquitting the accused of the charges leveled against them. The findings recorded by the learned Trial Court are absolutely just and proper and no illegality or infirmity has been committed by the learned Trial Court and this Court is in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by the learned Trial Court. This Court finds no reason to interfere with the impugned judgment and order and the present appeal is devoid of merits and resultantly, the same is dismissed.
11. The impugned judgement and order of acquittal passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 5, Vadodara in Atrocity Case No. 49/2009 on 01.04.2011, is hereby confirmed.
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12. Bail bond stands cancelled. Record and proceedings be sent back to the concerned Trial Court forthwith.
(S. V. PINTO,J) VASIM S. SAIYED Page 21 of 21 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Wed Jul 09 2025 Downloaded on : Wed Jul 09 22:42:08 IST 2025