Gujarat High Court
Criminal Procedure and EvidenceCriminal Law

An SC/ST Act offence requires proof of intentional caste-based insult in public view.

STATE OF GUJARAT vs HEMTIBEN ISHWARJI THAKOR

Gujarat High CourtJUDGMENT: September 29, 20262 MIN READSOURCE JUDGMENT
An SC/ST Act offence requires proof of intentional caste-based insult in public view.. STATE OF GUJARAT vs HEMTIBEN ISHWARJI THAKOR. Gujarat High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The State appealed under Section 378(1)(3) CrPC against the trial court’s acquittal of the respondents of offences under Sections 323, 504 and 114 IPC, Section 135 of the Bombay Police Act, and Section 3(1)(10) of the SC/ST (Prevention of Atrocities) Act

Source reference: p.1

The complainant alleged that, following an altercation over payment for plumbing work, the accused abused him by reference to his caste and assaulted him with sticks

Source reference: pp.2, 6–7

The trial court acquitted the accused after considering the prosecution evidence, including testimony from 13 witnesses and documentary evidence

Source reference: pp.3–4

The State challenged that acquittal, contending that the evidence had been wrongly rejected

Source reference: p.4
02

Issues

1. Whether the trial court was justified in acquitting the respondents

Source reference: p.5, para. 9

2. Whether the trial court properly appreciated the prosecution evidence, and whether its acquittal was affected by illegality, irregularity or perversity

Source reference: p.5, para. 9
03

Law Applied

Under Section 378 CrPC, an appellate court may review and reappreciate the evidence in an appeal against acquittal, but must account for the double presumption of innocence; where two reasonable views are possible, the acquittal should not be disturbed

Source reference: pp.10–12, paras. 15–18; Chandrappa v. State of Karnataka, (2007) 4 SCC 415; Rajesh Prasad v. State of Bihar, (2022) 3 SCC 471

For the offence under Section 3(1)(10) of the Atrocities Act as referred to in the judgment, the prosecution had to establish that the accused intentionally insulted the complainant on the basis of his community at a public place or within public view

Source reference: p.8, paras. 12–13; Shajan Skaria v. State of Kerala, AIR 2024 SC 4557

The court also referred to Gunjan @ Girija Kumari v. State (NCT of Delhi), 2026 (0) INSC 468, and authorities concerning appellate review of acquittals

Source reference: pp.9–12, paras. 13, 17–18
04

Reasoning

The High Court found no basis to overturn the acquittal.

Source reference: pp.7–8, paras. 11–12

The complainant reported the incident the following day, and the medical evidence described the injuries as simple and potentially consistent with plumbing work, rather than supporting the alleged weapon-based assault

Source reference: pp.7–8, paras. 11–12

His wife’s account of a knife injury was inconsistent with the complaint and the complainant’s testimony, while the complainant’s brother and the alleged eyewitness, Becharji, did not materially corroborate the prosecution case; Becharji did not support it

Source reference: pp.8–9, paras. 12, 14

The evidence also failed to establish that the alleged caste-related words were spoken at a public place or within public view

Source reference: p.8, paras. 12–13

In light of these deficiencies and the reinforced presumption of innocence following acquittal, the trial court’s conclusion was not shown to be perverse or legally erroneous

Source reference: pp.9–10, 14, 19–20
05

Holding

The High Court answered the issues in favour of the respondents, holding that the trial court had committed no error warranting appellate interference and that the prosecution had not proved the charges beyond reasonable doubt

The appeal was dismissed, the acquittal was confirmed, the bail bond was cancelled, and the record and proceedings were directed to be returned to the trial court

Source reference: p.14, para. 21
06

Acts & Sections Cited

7 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19733

Indian Penal Code, 18603

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19891

Gujarat High Court

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STATE OF GUJARATvsHEMTIBEN ISHWARJI THAKOR

Gujarat High Court · September 29, 2026

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