Gujarat High Court
State Of Gujarat vs Najruddin Vali Mamad Momin Gadhvala & 6 on 23 March, 2015
Bench: Akil Kureshi, Vipul M. Pancholi
R/CR.MA/2102/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 2102 of
2015
In CRIMINAL APPEAL NO. 224 of 2015
With
CRIMINAL APPEAL NO. 224 of 2015
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STATE OF GUJARAT....Applicant(s)
Versus
NAJRUDDIN VALI MAMAD MOMIN GADHVALA & 6....Respondent(s)
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Appearance:
MS CHETNA SHAH, APP for the Applicant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 23/03/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI)
1. This application is filed by the State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 with a request to grant leave to prefer an appeal against the judgment and order of acquittal dated 17.11.2014 passed by the Court of learned Sessions Judge, Morbi in Sessions Case No.47 of 2008, thereby the accused are acquitted for the offence punishable under Sections 376, 506(2), 504, 342, 114 of IPC and under Section 3(1)(10) and 3(2)(5) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act.
2. Learned APP Ms. Chetna Shah has pointed out from the record that FIR came to be lodged for the incident which took place before 1 year of 26.09.2008. The complainant alleged that the accused No.1 -
Page 1 of 3R/CR.MA/2102/2015 ORDER Najruddin Vali Mamad has committed rape on her, whereas the other accused have abetted in commission of the crime. The prosecution examined P.W.1, Mansukhbhai Babubhai whose deposition came to be recorded at Exh.21. The said witness is the husband of the victim 'D'. The prosecution has mainly relied upon the deposition given by victim 'D' whose deposition came to be recorded at Exh.23. The said witness deposed that the incident occurred before about 10 months and 8 days at the farmhouse of Najruddin Vali Mamad. She was doing agriculture labourwork at the farmhouse of Najruddin Vali Mamad. One day at 2:30 p.m. when she was cutting the grass with the wife of Najruddin Vali Mahmad, at that time, said Najruddin Vali Mahmad sent his wife at their home and at 7 p.m. at the time of going home, taking advantage of loneliness of the victim 'D', said Najruddin threatened her and made illicit demand. Once, her husband was not well and she went at 5:00 O'clock in the morning at the farmhouse of Najruddin, at that time, the said Najruddin committed rape on her and threatened her not to disclose it to anyone otherwise he will kill her husband and thereafter the said accused had frequently committed rape on her. The prosecution has also examined medical officer Dr. Vasudevbhai Becharbhai at Exh.16A.
3. Learned APP submitted that looking to the evidence produced on recored by the prosecution, the prosecution was able to prove the case against the accused beyond reasonable doubt. However, learned trial Court has failed to appreciate the said evidence whereby the acquitted all the accused and therefore the appeal is required to be admitted and the application for leave to prefer an appeal be allowed.
4. We have gone through the depositions and other evidence produced by the learned APP on record. From the record, it emerges that the age of the victim is 22 years. From the deposition including cross examination of the said witness, we find no evidence of force or coercion Page 2 of 3 R/CR.MA/2102/2015 ORDER on part of the accused. Though the victim claimed that she was forced, the manner in which the acts were committed, clearly falsify this. Apparently, under the pressure of the family members, after a period of more than 8 months, she has filed the complaint against the accused. There are number of contradictions and omissions in the deposition of the witnesses. Learned trial Court has discussed the same and thereby rightly passed an order of acquittal. We are of the opinion that the learned trial Court has committed no error and the application for leave to appeal and the criminal appeal deserve to be dismissed. Hence, the application for leave to prefer an appeal is dismissed. Resultantly, criminal appeal is also dismissed.
(AKIL KURESHI, J.) (VIPUL M. PANCHOLI, J.) Jani Page 3 of 3