Intentional insult with in- tent to provoke breach of peace

AIROnline 2022 GUJ 1028 (GUJARAT HIGH COURT)

State of Gujarat v. Thanabhai Ganeshbhai Rajput and others.

R/Criminal Appeal No. 886 of 2008, D/31-3-2022. 

(A) Penal Code (45 of 1860), Ss. 504, 506(2)-Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989), S. 3(1)(10) - Evidence Act (1 of 1872), S. 3- Intentional insult with in- tent to provoke breach of peace - Acquittal Validity Accused persons allegedly came to house of complainant and abused him by uttering obscene words in public relating to women in his house Delay in lodging complaint-Explanation not provided by prosecution for such delay Though incident happened in public, independent witness not examined -Wife of complainant had told him that there was a quarrel when her son went to take kite and when she had gone for scolding the accused, they used filthy language Complainant's wife has not lodged com- plaint after incident Complainant was not present and he filed complaint on say of his wife False implication, not ruled out - Acquittal proper.(Paras 5, 5.2)

(B) Criminal P. C. (2 of 1974), S. 378(1), (3)-Appeal against acquittal - Power of appellate Court When two conclusions are possible, judgment and order of acquit- tal passed by trial Court should not be in- terfered with by Appellate Court unless for special reasons.