Gujarat High Court
Rajubhai Sartanbhai Varsingbhai ... vs State Of Gujarat on 10 July, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/4826/2023 ORDER DATED: 10/07/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4826 of 2023
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RAJUBHAI SARTANBHAI VARSINGBHAI AMBILIYAR
Versus
STATE OF GUJARAT
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Appearance:
MR JIGAR B ACHARYA(10758) for the Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 10/07/2023
ORAL ORDER
1. By way of this application under Section 439 of Criminal Procedure Code, the applicant is seeking regular bail, in connection with the offences registered with CR No. I- 11211010210173 of 2021 registered under Section 376(2)(m), 376(2)(n), 376(d)(a), 376(2)(i)(j), 506(2) and 114 of Indian Penal Code as well as for the offences punishable under section 3(a), 4,5(g),6,7,8,16 and 17 of the Protection of Children from Sexual Offences Act, 2012.
2. Heard learned advocate Mr. NK Majmudar for learned advocate Mr. Jigar Acharya for the applicant and learned APP Mr. Ronak Raval for the respondent-State.
3. By way of the FIR, it is stated by the first informant who happens to be the mother of the victim that the age of the victim is 12 years 3 months and 3 days. As she was not talking to any one Page 1 of 3 Downloaded on : Sat Sep 16 21:06:27 IST 2023 NEUTRAL CITATION R/CR.MA/4826/2023 ORDER DATED: 10/07/2023 undefined since last around 20 days, when mother of the victim first informant asked her as to why she is not talking to anyone, she disclosed that on 18.11.2021, when the victim had gone to the farm of one Gafurbhai Bhurabhai Tasariya and was picking cotton seeds at around one in the afternoon, the present applicant along with one Sanjay Remanbhai Babhor came to her and told her that her father was calling her. And when the victim went towards her residence both the accused persons raped her and threatened her to kill incase if the incidence is narrated to anyone. Therefore, the prosecutrix was not speaking to anyone. Ultimately on the basis of the aforesaid FIR, the present applicant was arrested and he is in jail since 13.12.2021.
4. Learned advocate Mr. Majmudar appearing for the applicant submitted that applicant is only 19 years of age and also pointed out the fact that as per the medical report the Doctor has opined that he is not in a position to confirm or deny the fact about the forceful intercourse has taken place or not. Learned advocate Mr. Majmudar submitted that when the Doctor has also not confirmed the fact that whether forceful intercourse has taken place or not, considering the age of the present applicant, he should be enlarged on bail.
5. Learned APP Mr. Raval, vehemently opposed the bail application and submitted that, as the age of the victim girl was only 12 years 3 months. Considering the age of the victim as well as considering the fact that this is not a case of any love affair as the present applicant along with the other co-accused who was juvenile at the relevant point of time have forceful committed rape on the victim. This is an offence which would have long lasting Page 2 of 3 Downloaded on : Sat Sep 16 21:06:27 IST 2023 NEUTRAL CITATION R/CR.MA/4826/2023 ORDER DATED: 10/07/2023 undefined effect on the mental condition of the victim. Therefore, considering the totality of facts and circumstances, as the victim could not even speak for a period of 20 days, the present applicant may not be enlarged on bail.
6. Having heard learned advocates for the respective parties and perused the record. Upon perusal of record, I found that the age of the victim is only 12 years 3 months and 3 days and the present applicant has committed the aforesaid forceful act which has traumatized the victim so much so that she could not speak for a period of 20 days to narrate the incident to her mother. Further, I have also considered the fact that though the Doctor has not confirmed the aspect about forceful intercourse, the Doctor has also said that he is not in a position to deny the aforesaid aspect. Therefore the better course would be to wait till the evidence is laid with this regard. At this juncture, I do not see any reason to enlarge present applicant on bail. In view of the statement of the victim herself. Therefore, present application is required to be dismissed and the same is dismissed. Rule stands discharged.
(NIRZAR S. DESAI,J) Radhika Page 3 of 3 Downloaded on : Sat Sep 16 21:06:27 IST 2023