Gujarat High Court
Sangitaben Ashishbhai Patel vs State Of Gujarat on 17 December, 2025
NEUTRAL CITATION
R/CR.A/2894/2025 ORDER DATED: 17/12/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 2894 of 2025
==========================================================
SANGITABEN ASHISHBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS. BHAVNA D ACHARYA(6406) for the Appellant(s) No. 1
MR. PRANAV DHAGAT, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 17/12/2025
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE D. M. VYAS)
1. Assailing the Judgment dated 13.09.2024 of the learned 3rd Additional Sessions Judge, Sabarkantha-Idar passed in Sessions Case No. 06/2015, whereby, respondent No.2 who is the sole accused in the said case was acquitted for the offences punishable under Sections 366, 376 and 506(2) of IPC against the impugned judgment, the instant appeal has been preferred by the original complainant/victim.
2. Briefly stated, the facts of the prosecution case are as follows:-
2.1 On 07.05.2013, appellant/original complainant entered into a marriage with Dineshbhai Damor under Hindu rites and rituals. On 15.07.2013, when the Page 1 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026 NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined appellant was at her parental house and at about 1 p.m., she went to a nearby forest to answer the call of nature. At that time, Shaileshkumar Ranchhodbhai Katara (sole accused) came there and, by threatening to kill her, forcibly took her to the road. He then forced her to sit behind him on his motorcycle and took her to his residence. From 15.07.2013 to 22.07.2013, he kept her with him and forcibly established physical relations with her against her will. Thereafter, when Shailesh went to the market, she escaped to her parental village and informed her family members about the incident. Her family members decided to lodge complaint against Shaileshbhai with whom she had love affairs in the past.
2.3 It is further stated that the appellant filed the complaint, which was registered as an FIR being No. 37/2013 at Vijaynagar Police Station on 12.08.2013 against the respondent No.2 for the aforesaid offences.
2.4 After completion of the investigation, the Investigating Officer has filed charge-sheet against the accused for the aforesaid offence before the Learned Judicial Magistrate First Class, Idar. As the offence was exclusively triable by the sessions division, the same was committed to the learned Sessions Court, Page 2 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026 NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined Idar, where the same was numbered as Sessions case No.6/2015 and thereafter, the same was transferred to the Learned 3rd Addl. Sessions Judge, Sabarkantha-
Idar. The trial court has framed charges for the offences punishable under Sections 376, 366 and 506(2) of the Indian Penal Code. The accused denied the commission of any such offences as alleged and claimed to be tried.
2.6 The trial took place in the Trial Court, the prosecution has examined 16 witnesses and got exhibited 18 documents.
2.7 After completion of the prosecution evidence, further statement of the accused under Section 313 of the Cr.P.C. was recorded with regard to incriminating circumstances made in the evidence rendered by the prosecution and he denied it and not lead any evidence in defence.
2.8 After considering the oral and documentary evidence, the learned Sessions Judge found not guilty for any of the aforesaid charges leveled against the accused and thereby, acquitted the accused for the aforesaid charges.
2.7 Aggrieved thereby, as noticed (supra), the original Page 3 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026 NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined complainant has preferred the present appeal against the said judgment of acquittal.
3. At the admission stage, we have heard learned counsel for the appellant/original complainant, Ms. Bhavna D Acharya and learned APP at length on the facts and provisions of law.
4. Assailing the impugned judgment and order of the acquittal, Ms. Bhavna D Acharya, learned counsel for the appellant original complainant has submitted at length the facts of the prosecution case.
4.1 The learned counsel for the appellant referred the prosecutrix's evidence and vehemently argued that the victim has narrated, at length, the facts of the alleged offences. It was further submitted that the evidence of the victim is trustworthy and there are no major contradictions in her deposition, and it was vehemently argued that the evidence of the prosecutrix is believable and does not require any corroboration and that the accused be convicted for the alleged offences.
4.2 Learned counsel of the appellant further submitted at length the facts of the prosecution evidence and vehemently argued that prosecution has Page 4 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026 NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined also produced corroborative evidence and able to prove the said charges against the accused.
4.3 Learned counsel for the appellant has further submitted that the trial court ought to have considered the ocular evidence of the prosecutrix and the documentary evidence produced by the prosecution in its true perspective however, has failed to do the same and recorded the findings which are contrary to the provisions of law. She has further submitted that the trial court has failed to appreciate the prosecution evidence and the impugned judgment is not just, legal and proper and required re-appreciation of the prosecution evidence. She has further submitted that prima facie the present appeal is required consideration and lastly prayed to admit the appeal.
5. Learned APP appearing for the respondent-State has submitted to pass appropriate order in accordance with the law.
6. Considering the facts and circumstances of the case, at the admission stage, it is required to re-analyze the material prosecution evidence.
7. The prosecution has examined PW-3, victim/complainant, vide Exhibit-54. During the Page 5 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026 NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined examination in chief, she has stated that the incident took place on 15.07.2013, at that time, she was at her parental home and at 1:00 p.m., she went to answer the call of nature. It is further stated that the accused came there and by threatening to kill her, forcibly took her to the road. It is further stated that the accused then forced her to sit behind him on his motorcycle and went away in Gyaspur, Ahmedabad. It is further stated that she was confined in a room and the accused forcibly established physical relations with her against her will. It is further stated the facts that she was beaten by the accused and the accused also took away her ornaments.
7.1 The victim PW-3 further stated that during the period of 15.07.2013 to 22.07.2013, the accused kept her confined in a room and without her consent forcibly established physical relations with her.
7.2 The victim PW-3 further stated that on 22.07.2013, the accused forgot to lock the room. At that time, she ran away and came to Navagam Village and thereafter, she went to the Police Station with her brother and lodged complaint, at Exhibit-55, identified the muddamaal clothes and the accused before the Court.
7.3 During the cross-examination she admitted the Page 6 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026 NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined fact that accused resided in her village. It is further admitted that she was married to Dineshbhai Damor on 07.05.2013. She has further admitted the fact that she came to her parental home on 15.07.2013 and thereafter did not go to her matrimonial home. She further admitted the fact that the distance between the place of incident and Gyaspur is about 150 to 160 kms. Further cross-examination on the facts of contradiction and omission (duly proved during the deposition of Investigating Officer).
7.4 Considering the ocular evidence of the victim, and her complaint produced as Exhibit-55, it is the case that she ran away on 22.07.2013 and came back to her home. It appears that the complaint at Exhibit-55 given on 12.08.2013, and there is no explanation in the complaint regarding the delay in lodging the FIR, which fact is required to be considered.
7.5 Considering the deposition of the victim and upon deep scrutiny of her evidence, she went away with the accused from 15.07.2013 to 22.07.2013 and resided together under one roof. The Victim is a grown up married lady. She did not try to shout for help during the travel on motorcycle for about 150 kms. Under the said circumstances, the conduct of the victim appears Page 7 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026 NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined suspicious. In other words, the accused established physical relations with the victim with her consent and there was consensual relationship between the accused and the victim.
7.6 Also in her deposition, considering the major contradiction, improvement and exaggerations in her evidence, it is suggested that the evidence of the victim is not trustworthy or believable and does not inspire confidence.
8. The prosecution has examined PW-1 Dr. Dinesh Jayantibhai Damor vide Exhibit-11. During the examination in chief, he stated that he was on duty on 13.08.2013 as Gynecologist in Cottage Hospital, Bhiloda and examined the victim. It is further stated that the history given by the victim before the Doctor was that from 15.07.2013 to 21.07.2013, every day and night, five to six times, and lastly on 21.07.2013, the accused established physical relations with the victim without her consent.
8.1 It is further stated at length, the facts of the physical examination of the victim and produced the certificate vide Exhibit-12.
8.2 During the cross-examination he has admitted the facts that there is no external injury mark on body Page 8 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026 NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined of victim.
9. The Prosecution has examined PW-2, Dr. Aquinas Anandrai Balat vide Exhibit 14. During the examination in chief, he stated that on 12.08.2013, he was on duty in CHC Vijaynagar and stated the facts of the medical examination of the victim. It is further stated that the history was given by the victim, and the medical certificate was produced vide Exhibit-16 and the medical case papers vide Exhibit-17.
9.1 During cross-examination, he admitted the fact that the victim was a major, aged about 20 years. It is further admitted that no injury mark were found on the private parts of the victim.
10. Considering the facts and circumstances of the subject matter and the above ocular and documentary medical evidence, it appears that there are no injury marks on the body of the victim and the victim is a major . Considering the history recorded by the Medical Officer, it appears that there was a consensual relationship between victim and the accused.
11. At this stage it is required to reproduce the Section 366 and Section 375 of IPC as under:-
"366. Kidnapping, abducting or inducing woman Page 9 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026 NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined to compel her marriage, etc.--
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also 88 be liable to fine; 1[and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid]."
"375. Rape.
A man is said to commit "rape" if he--
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:
First.-Against her will.
Secondly.-Without her consent.
Thirdly.-With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.Page 10 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026
NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined Fourthly.-With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly.-With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly.-With or without her consent, when she is under eighteen years of age.
Seventhly.-When she is unable to communicate consent."
12. On plain reading of the above provisions, the prosecution has miserably failed to prove the above charges against the accused.
13. Therefore, considering the provisions of Section 425 of BNSS, there is no valid ground to Admit this appeal. Section 425 of the BNSS reads as under:-
"Section 425 -- Summary Dismissal of Appeal"
(1) If upon examining the petition of appeal and copy of the judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:
Provided that--
(a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same;Page 11 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026
NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined
(b) no appeal presented under section 424 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case;
(c) no appeal presented under section 424 shall be dismissed summarily until the period allowed for preferring such appeal has expired. (2) Before dismissing an appeal under this section, the Court may call for the record of the case. (3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.
(4) Where an appeal presented under section 424 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.
14. After considering the evidence on record, we have absolutely no hesitation to hold that the trial court has arrived at a right conclusion and has rightly disbelieved the case of the prosecution and acquitted the accused on proper appreciation of the evidence on record. The trial court, after considering the evidence on record and on proper appreciation of the same and also after considering the facts Page 12 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026 NEUTRAL CITATION R/CR.A/2894/2025 ORDER DATED: 17/12/2025 undefined and circumstances of the case, arrived at a right conclusion and recorded a finding of acquittal against the accused. Upon considering the said evidence on record and upon re- appraisal of the same and after considering the facts and circumstances of the case carefully, we absolutely find no valid legal ground warranting interference of this Court in the impugned judgment of acquittal rendered by the trial court. The findings recorded by the trial court are based on proper appreciation of the evidence on record and they are not perverse.
15. Resultantly, the appeal is dismissed at the admission stage itself.
16. Record and proceedings be sent back forthwith to the concerned Trial Court.
(N.S.SANJAY GOWDA,J) (D. M. VYAS, J) YASH ARORA Page 13 of 13 Uploaded by YASH ARORA(HC02369) on Tue Jan 06 2026 Downloaded on : Fri Jan 16 20:31:18 IST 2026