Gujarat High Court
State Of Gujarat vs Bhupendrasinh Sajjansinh Chauhan on 2 August, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1967 of 2004
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
and
HONOURABLE MR.JUSTICE P. M. RAVAL
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Approved for Reporting Yes No
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STATE OF GUJARAT
Versus
BHUPENDRASINH SAJJANSINH CHAUHAN
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Appearance:
MR UTKARSH SHARMA, APP for the Appellant(s) No. 1
MR KJ DWIVEDI(316) for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
and
HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 02/08/2025
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE P. M. RAVAL)
1. The present appeal is preferred by the appellant State under the provisions of Section 378(1)(3) of the Code of Criminal Procedure 1973 against the judgment and order of acquittal dated 14.5.2004 passed in Sessions Case No.23 Page 1 of 14 Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025 NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined of 2001 and 24 of 2001 by the learned Joint District & Additional Sessions Judge, Fast Track Court at Modasa (Sabalpur) whereby the respondent - original accused came to be acquitted for the offence punishable under sections 376, 342, 506(2), 354 and 323 of Indian Penal Code.
2. The facts shorn of unnecessary details as they reveal from the documents are as follows :
2.1 The complainant victim Bhavnaben Punambhai Darji was the Sarpanch of Village Gajan, Tal:Malpur of Dist:Sabarkantha. That her husband Punambhai Maganbhai Darji is serving as a peon in Gajan Group Gram Panchayat since last 14 years. That the complainant has one daughter and a son. That on 17.06.2000 the complainant was present at her house and her husband was busy with agricultural work in his field. After preparing meals she had gone to the field for bringing hey for cows.
Thereafter she had gone for worship to the temple at 12 noon. That while the complainant was doing Pooja the Page 2 of 14 Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025 NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined accused entered the room and locked it from inside. That the victim was then forcibly taken to a room situated behind the temple with an intention to outrage her modesty. Thereafter the accused committed rape on her without her consent. That the victim shouted for help. However nobody came to her help. She again shouted for help and, therefore, the accused ran away from the place. That on hearing the shouts of the victim, one Shardaben Shivabhai Darji and her husband rushed to the place of incident. That they had seen the accused running away from the place. That the accused while running away threatened the complainant that if the said incident is disclosed to anybody, she would be killed. That thereafter the complainant had gone to the police station along with her husband for filing a complaint. However, the Head Constable on duty advised them not to file such a complaint as the complainant being the Sarpanch of Village her prestige in the society would be lowered if she files the complaint under Section 376 of Indian Penal Code. Therefore, as per his advice the complainant filed a complaint for the offence under Section Page 3 of 14 Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025 NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined 354 and 323 of the Indian Penal Code. Thereafter the complainant filed another complaint on 9.7.2000 and thereafter, investigation was carried out against the accused.
2.2 After thorough investigation, chargesheet came to be submitted before the concerned jurisdictional Magistrate, Modasa and since the case was exclusively sessions triable, learned Magistrate, Modasa committed the said case to the learned Sessions Court as per the provisions of section 209 of the CrPC and the same came to be registered as Sessions Case No.23 of 2001 and 24 of 2001.
2.3 Vide Exh.4 charges were framed for the offence punishable under sections 323, 504 of IPC in Sessions Case No.23 of 2001 and sections 376, 342, 506(2) of IPC in Sessions Case No.24 of 2001 and vide Exh.5, plea of the accused was recorded where he denied the charges and prayed for trial.
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NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined 2.4 To bring home the charges against the accused, the prosecution relied upon the following oral as well as documentary evidences.
ORAL EVIDENCES :
Sr.No. Name Exh.
1 Witness No.1 Dr.Punambhai Kantilal Parmar 12
2 Witness No.2 Bhavnaben Punambhai Darji 30
(Complainant)
3 Witness No.3 Somabhai Hirabhai Solanki (PSO) 34
4 Witness No.4 - Punambhai Maganbhai Darji 35
5 Witness No.5 Shivabhai Mohanbhai 36
6 Witness No.6 Bhimjibhai Shakrabhai Ninama (CPI 38
& Investigating Officer.
DOCUMENTARY EVIDENCES :
Sr.No. Name Exh.
1 Police Yadi for medical examination of the victim 13
2 Medical certificate of victim 14
3 Forwarding letter for analyzing samples 15
4 Panchnama of scene of offence 23
5 Panchnama of clothes of the victim 24
6 Yadi for sending victim to hospital 25
7 Panchnama for clothes of accused 26
8 Despatch note for sending muddamal 27
9 FSL Report 28
10 Complaint given by the complainant before Malpur 31
Police Station on 18.6.2000
11 Complaint given by the complainant before CPI on 32
9.7.2000
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NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
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12 True copy of xerox of the complaint given by the 33
complainant.
13 Medical certificate of the victim 37
14 Written message received by CPI for investigation. 40
2.5 Vide Exh.41, the prosecution preferred the
purshis declaring that the prosecution does not want to examine witness any further and thus, after recording the said closing purshis, further statement of the accused under the provisions of section 313 of CrPC came to be recorded and after hearing learned advocates for both the sides, vide the impugned judgment and order acquitted the respondent - original accused.
3. It is against this judgment and order of acquittal that the appellant - State has preferred the present appeal.
4. Learned APP Mr.Utkarsh Sharma appearing for the appellant - State would contend that :
(a) That despite of the victim's deposition as to what Page 6 of 14 Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025 NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined happened with her on the alleged day of incident, learned trial Court has not believed her version only because the complaint was registered belatedly. It is further argued that though lodging of the FIR belatedly has been sufficiently explained by the prosecution, learned trial Court has erred in not believing the same.
(b) That despite sterling quality of deposition of the victim, learned trial Court has acquitted the accused based on surmises and without appreciating the oral as well as documentary evidences, more particularly, evidence of the victim read with that of the Doctor who has examined the victim.
(c) That husband and the victim have also deposed to the said effect and the victim has clearly stated in her deposition that she was not allowed to lodge the complaint with regard to rape on 18.6.2000 i.e. on the next day of the incident by the police and therefore, only complaint with regard to outraging of modesty of woman came to be Page 7 of 14 Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025 NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined registered vide Exh.31 which is also clear from the deposition of the victim.
(d) That learned trial Court has materially erred in acquitting the accused and has thus argued to allow the present appeal.
5. Learned advocate Mr.K.J.Dwivedi has argued that relying upon the evidence on record, learned trial Court has recorded the findings and has given sound and well reasoned judgment by analyzing the oral as well as documentary evidences, more particularly, testimony of the victim in its proper perspective and has acquitted the respondent - original accused and has argued to reject the appeal.
6. Heard learned advocates for the respective parties. We have gone through the Record and Proceedings of the case as well as impugned judgment. Page 8 of 14 Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined
7. We have also perused the oral as well as documentary evidences led by the prosecution before the learned trial Court. Learned trial Court has not believed the testimony of the victim for the following reasons.
(a) That the complaint Exh.32 was lodged against the respondent accused on 9.7.2000 for the offences alleged to have been committed on 17.6.2000, whereas the complaint Exh.31 lodged before the concerned Police Station on 18.6.2000 i.e. second day of alleged incident is totally silent with regard to the allegation qua rape.
(b) Learned trial Court has also taken into consideration the deposition of the Doctor who had examined the victim, more particularly, even in the history, no name of the accused has been given by the victim. The said examination also took place on 9.7.2000 and no recent injury marks were found present as alleged by the victim in her deposition.
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(c) Learned trial Court has also considered the deposition of the victim on oath while verifying the compliant at Exh.33 on 23.6.2000 wherein also not a single allegation regarding rape has been stated by the victim.
(d) Learned trial Court has also considered the deposition of Shivabhai Mohanbhai at Exh.36 who has turned hostile and has not supported the case of the prosecution despite having been cross examined by the prosecution. That the husband of the victim also does not repose confidence and considering overall facts and circumstances of the case and on reading the deposition of the victim which does not inspire confidence with regard to the allegation of rape committed on her on 17.6.2000, cumulative effect of both oral as well as documentary evidences, learned trial Court has rightly acquitted the accused of the charges levelled against him. 8, It is also a settled legal position that in acquittal appeals, the appellate Court is not required to rewrite the Page 10 of 14 Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025 NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined judgment or to give fresh reasonings, when the reasons assigned by the Court below are found to be just and proper.
9. At this stage, it would be fruitful to refer to the decision of the Honourable Apex Court in the case of Constable 907 Surendra Singh & Anr Vs State of Uttarakhand, reported in (2025) 2 SCR 247 wherein it is observed thus :
"40. Further, in H.D. Sundara v. State of Karnataka [H.D. Sundara v. State of Karnataka (2023) 9 SCC 581: (2023) 3 SCC (Cri) 748] this Court summarised the principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal under Section 378 CrPC as follows: (SCC p. 584, para 8) "8.... 8.1. The acquittal of the accused further strengthens the presumption of innocence;
8.2. The appellate court, while hearing an appeal against acquittal, is entitled to reappreciate the oral and documentary evidence;
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NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined 8.3. The appellate court, while deciding an appeal against acquittal, after reappreciating the evidence, is required to consider whether the view taken by the trial court is a possible view which could have been taken on the basis of the evidence on record;
8.4. If the view taken is a possible view, the appellate court cannot overturn the order of acquittal on the ground that another view was also possible; and 8.5. The appellate court can interfere with the order of acquittal only if it comes to a finding that the only conclusion which can be recorded on the basis of the evidence on record was that the guilt of the accused was proved beyond a reasonable doubt and no other conclusion was possible."
41. Thus, it is beyond the pale of doubt that the scope of interference by an appellate court for reversing the judgment of acquittal recorded by the trial court in favour of the accused has to be exercised within the four corners of the following principles:
41.1. That the judgment of acquittal suffers from Page 12 of 14 Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025 NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined patent perversity;
41.2. That the same is based on a misreading/omission to consider material evidence on record; and 41.3. That no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence available on record."
10. In above view of the matter, this Court is of the considered opinion that learned trial court was completely justified in acquitting the respondent of the charges levelled against him. This Court finds that the findings recorded by learned trial court are absolutely just and proper and in recording the said findings, no illegality or infirmity has been committed by it. This Court is, therefore, in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by learned court below and hence finds no reasons to interfere with the same.
11. In the result, this appeal fails and accordingly, it Page 13 of 14 Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025 NEUTRAL CITATION R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025 undefined is dismissed. The impugned judgment and order of acquittal dated 14.5.2004 passed in Sessions Case No.24 of 2001 (Sessions Case No.23 of 2001) by the learned Joint District & Additional Sessions Judge, Fast Track Court, at Modasa (Sabalpur) is hereby confirmed. Bail bond, if any, stands cancelled. R & P to be sent back to the trial Court, forthwith.
(GITA GOPI,J) (P. M. RAVAL, J) H.M. PATHAN Page 14 of 14 Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025