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Documents citing Apoorva Oza vs State Of Gujarat on 7 July, 2023

Mahendrabhai Bhimabhai Zapadia vs State Of Gujarat on 12 August, 2024

In this regard, it would be further apposite to refer the decision of the Hon'ble Apex Court as well as this Court in case of Ramesh Chandra Vaishya vs. The State of Uttar Pradesh & Anr. reported in 2023 LiveLaw (SC) 469 and in case of Apoorva Oza vs. State of Gujarat & Anr. reported in 2023 GLR (4) 3101. Hence, no offence is made out of Sections 3(1)(r), 3(1)(s) and 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
Gujarat High Court Cites 23 - Cited by 0 - Full Document

Pankajbhai Pranjivandas Modi vs State Of Gujarat on 20 June, 2024

In this regard, reference is required to be made to the decision of the Division Bench of this Court in the case of State of Gujarat vs. Bachubhai Ranabhai Bharwad and Ors. reported in 2012 SCC OnLine Guj 1414 as well as the decision in the case of Apoorva Oza vs. State of Gujarat & Anr. reported in 2023(4) GLR 3101. It is pertinent to note that the provisions of Atrocities Act itself would indicate the ingredients of the intentional insult and intimidation with an intent to humiliate a member of a Scheduled Caste or Scheduled Tribe community. So far as application of offence under Section 3(1)(r) and 3(1)(s) of the Atrocities Act is concerned, there is no allegation qua present petitioner / accused that the petitioner had intentionally insulted or intimated respondent No.2 - complainant in a public place with intention to humiliate knowing fully well that the complainant is a member of SC or ST community. There is no averment in the complaint as regards abuse of complainant and so far as offence under Section 3(1)(w) of the Atrocities Act is concerned, there is no allegation qua present petitioner - accused that he intentionally touched the complainant, which was sexual in nature and without the consent of complainant. Even, there is no evidence that the present petitioner used words, acts or gestures of sexual nature towards the Page 3 of 6 Downloaded on : Fri Jun 21 22:24:05 IST 2024 NEUTRAL CITATION R/CR.MA/10488/2020 ORDER DATED: 20/06/2024 undefined complainant. All insults or intimidation to a person will not be an offence under the Atrocities Act unless such insult or intimidation is on account of victim belonging to SC or ST community. Herein, no any such allegation against the present petitioners. Hence, no offence under the provisions of the Atrocities Act as alleged are made out against the present petitioners.
Gujarat High Court Cites 14 - Cited by 0 - Full Document
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