Gujarat High Court
Thakor Anjliben Natuji Thro Thakor ... vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/CR.A/1368/2025 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1368 of 2025
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THAKOR ANJLIBEN NATUJI THRO THAKOR SUNIL CHHANAJI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR KRINA CALLA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 12/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. Challenging the judgment dated 27.11.2024 passed in Special Case (POCSO) No.41 of 2024, on the file of learned 5 th Additional Sessions Judge and Special Judge at Mehsana, whereby the second respondent, who is the sole accused in the case, was acquitted of the charges under Sections 354 (A), 376 and 506 (2) of the Indian Penal Code and under Sections 4 and 8 of the Protection of Children from Sexual Offences Act (herein after referred to as "POCSO Act"), present appeal is preferred by the guardian of the victim.
2. Outline facts of the prosecution case may be stated as follows:-
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NEUTRAL CITATION R/CR.A/1368/2025 ORDER DATED: 12/08/2025 undefined 2.1 The victim was a minor girl at the time of alleged offence aged about 17 years, 1 month and 16 days. Her parents are labourers and they are eking out their livelihood by doing labour work. On 25.5.2024, the parents of the victim went out to attend their labour work. When she was alone in the house she went to nearby field to answer the calls of nature. At that time, at about 9.30 a.m. in the morning, when she was at the field, it is stated that the accused forcibly took her to another nearby field and had forcible sexual intercourse on her against her will and thereby committed rape on her. The victim returned to the house and informed about the incident to her grandmother. Thereafter, her father, who is examined as PW-1 lodged a report with police relating to the said incident. The said report was registered as a case under Sections 354 (A), 376 and 506 (2) of the Indian Penal Code and under Sections 4 and 8 of the POCSO Act. The case was investigated. The police have referred the victim girl for medical examination. Initially, she was examined by PW-4, who is a doctor. PW-4 found no external or internal injuries on the body of the victim girl.
Therefore, she has referred the victim girl for examination by a gynecologist. PW-5, who is a gynecologist, examined her. He also did not find any external or internal injuries either on her Page 2 of 11 Uploaded by R.S. MALEK(HC00180) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:48:27 IST 2025 NEUTRAL CITATION R/CR.A/1368/2025 ORDER DATED: 12/08/2025 undefined body or on her private part. She opined that possibility of the victim having recent sexual intercourse cannot be ruled out. Medical certificate to that effect was issued both by PW-4 and PW-5. The accused was arrested during the course of investigation. The investigation officer has also examined the scene of offence in the presence of the mediators and the clothes of both the victim girl and the accused were seized by the investigation officer in the presence of the mediators during the course of the investigation. They were sent for examination by the analyst to the Forensic Science Laboratory but the report of Forensic Science Laboratory is not produced by the investigation officer before the Court and the analyst is also not examined. After completion of investigation, police filed charge-sheet against the accused for the aforesaid offences.
2.2 In the trial Court, after the accused made his appearance, charges under Sections 4 and 8 of the POCSO Act and under Sections 354 (A), 376 and 506 (2) of the Indian Penal Code were framed against him. The charges were explained to the accused and he denied the charges and claimed to be tried. Page 3 of 11 Uploaded by R.S. MALEK(HC00180) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:48:27 IST 2025
NEUTRAL CITATION R/CR.A/1368/2025 ORDER DATED: 12/08/2025 undefined 2.3 During the course of trial, prosecution got examined PW- 1 to PW-6 witnesses and got marked 30 exhibits to substantiate its case against the accused. 2.4 At the culmination of trial, after considering the evidence on record and on appreciation of the same, the trial Court found the accused not guilty for any of the charges that are framed against him and thereby acquitted the accused of all the said charges by the impugned judgment. 2.5 Aggrieved by the said judgment of acquittal, guardian of the victim girl has preferred present appeal assailing the legality and validity of the impugned judgment of acquittal.
3. When the appeal came up for hearing for admission, we have called for the record and proceedings from the trial Court. The record and proceedings has been received from the trial Court. We have heard learned counsel for the appellant as well as learned Additional Public Prosecutor for respondent no.1- State. We have carefully gone through the record and proceedings and the entire oral and documentary evidence available on record. We have also perused the appeal grounds and also the judgment of the trial Court.
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4. PW-3 is the victim girl, PW-1 and PW-2 are her parents, PW-4 is the doctor, who initially examined the victim and PW-5 is a gynecologist, who also examined the victim and PW-6 is the investigation officer. This is the only oral evidence that is available on record to prove the case against the accused.
5. As can be seen from the evidence on record, and particularly from the testimony of the victim girl, who is examined as PW-3, she did not support the case of the prosecution. She turned hostile and has shown her volte face to the prosecution. We have carefully gone through her evidence. She did not depose anything incriminating against the accused stating that she went out of the house at about 9.30 a.m. in the morning to answer the calls of nature and that the accused forcibly took her to the nearby field and had forcible sexual intercourse on her and committed rape on her. There is absolutely no whisper whatsoever in her evidence regarding the said allegations, which are ascribed against the accused. On the other hand, she has only stated in her evidence that when she was alone in the house on that day that the accused came to her house and demanded to repay the money borrowed by her father, who is PW-1, from him and, at that time, there was a quarrel between him and the victim Page 5 of 11 Uploaded by R.S. MALEK(HC00180) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:48:27 IST 2025 NEUTRAL CITATION R/CR.A/1368/2025 ORDER DATED: 12/08/2025 undefined girl. Except stating the said fact, nothing else was spoken to by her relating to the alleged rape said to have been committed on her by the accused. When the victim girl herself did not support the case of the prosecution and did not speak anything incriminating against the accused, it cannot be said that any offence of rape was committed on her by the accused or that he has committed any of the offences, as per the charges levelled against him. Even her father, who is examined as PW- 1, who is the defacto complainant, who lodged the report with the police, did not support the case of the prosecution. He also turned hostile to the case of the prosecution. He also stated that the accused came to his house and demanded his daughter for payment of money, which was borrowed by him from the accused and that there was a quarrel in this regard. Similar is the evidence of PW-2, who is the mother of the victim girl, she also did not speak anything incriminating against the accused stating that he committed rape on her daughter. She also gave the same version that the accused came to their house and insisted for repayment of money borrowed from him by the father of the victim girl. Thus, all the witnesses, PW-1 to PW-3, completely turned hostile and did not support the case of the prosecution.
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6. As regards the medical evidence on record is concerned, PW-4, who is the doctor, who has examined the victim girl initially, stated that he did not find any external or internal injuries on the victim girl. He did not opine anything whether the victim girl was subjected to any sexual intercourse or not. He has only referred her to a gynecologist. PW-5 is a gynecologist, who examined the victim girl. He also did not find any external or internal injuries on the body of the victim girl. He also did not find injuries on the private parts of the victim girl. He did not give any positive opinion in specific terms clearly stating that the victim girl was subjected to any forcible sexual intercourse or that any rape was committed on her. He only opined that the possibility of PW-1 having recent sexual intercourse cannot be ruled out. That does not mean that she was subjected to any forcible sexual intercourse or rape. So there is no specific medical evidence on record to prove that she was subjected to any forcible sexual intercourse or rape.
7. Therefore, there is absolutely no evidence on record whatsoever to prove that the accused has forcibly taken the victim girl to the field and thereafter committed rape on her. Page 7 of 11 Uploaded by R.S. MALEK(HC00180) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:48:27 IST 2025
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8. Therefore, considering the said evidence on record, the trial Court held that the prosecution failed to prove the guilt of the accused as per the charges levelled against him and, thereby acquitted him. We absolutely do not find any legal flaw or manifest error of law in the impugned judgment of acquittal.
9. Learned counsel for the appellant vehemently contended that the victim girl and her parents turned hostile as there was a compromise during the course of trial and the accused promised to pay money to her and, thereafter, did not pay any money and because of the said compromise and promise to pay money that the victim girl and her parents did not support the case of the prosecution and they did not speak truth before the trial Court. So on that ground, he prays to admit the appeal for hearing. We absolutely do not find any merit in the said contention. Further except making a bald assertion to that effect, there is absolutely no evidence produced to establish the fact that there was any such compromise and that the accused made promise to pay money to them and thereafter resiled from the said promise and because of the said reason that PW-1 to PW-3 turned hostile to the prosecution case in the trial Court.
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10. Further, the very defence set up by the accused in the trial Court is that as PW-1, who is the father of the victim girl, borrowed money from him and when he demanded PW-1 to repay the borrowed money that he got the present case foisted against him. The said defence taken by the accused appears to be true from the evidence of PW-1 to PW-3. PW-3, who is the victim girl, clearly deposed in her evidence that when she was in the house that the accused came and demanded to repay the amount borrowed by her father and that there was a quarrel between them in this regard. PW-1 also admitted that the accused came to his house to demand money borrowed by him. Therefore, it is evident that PW-1 borrowed money from the accused and as the accused demanded to repay the said debt, that the present case is foisted against him.
11. Learned counsel for the appellant further contended that the panchas, in whose presence the scene of offence was observed and the clothes of the victim girl and the accused are seized, were not examined in the trial Court and if they are examined in the trial Court, the truth would have been unfolded and the case against the accused would have been Page 9 of 11 Uploaded by R.S. MALEK(HC00180) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:48:27 IST 2025 NEUTRAL CITATION R/CR.A/1368/2025 ORDER DATED: 12/08/2025 undefined established. We do not find any substance in the said argument also. As can be seen from the record even though the clothes of both the accused and the victim were sent for examination to the Forensic Science Laboratory, no report relating to said clothes was produced in the Court and the analyst was also not examined in the trial Court. So when the analyst report was not there, no useful purpose would be served even if panch witnesses are examined in this case.
12. So, we absolutely do not find any valid legal ground warranting interference with the impugned judgment of acquittal. When the victim girl herself turned hostile and did not support the case of the prosecution, no useful purpose would be served even if the appeal is admitted and heard. No ground is made out in this appeal by the appellant to admit the appeal for hearing or to prove the case against the accused. So, the appeal deserves dismissal summarily under Section 425 of Bharatiya Nagrik Suraksha Sanhita, 2023.
13. Resultantly, the appeal is dismissed at the admission stage, after examining the appeal grounds, copy of the judgment of the trial Court, record and proceedings and the Page 10 of 11 Uploaded by R.S. MALEK(HC00180) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:48:27 IST 2025 NEUTRAL CITATION R/CR.A/1368/2025 ORDER DATED: 12/08/2025 undefined evidence on record, confirming the impugned judgment of acquittal dated 27.11.2024 passed in Special Case (POCSO) No.41 of 2024, on the file of the learned 5th Additional Sessions Judge and Special Judge at Mehsana. Record and Proceedings be sent back to the concerned trial Court forthwith.
Sd/-
(CHEEKATI MANAVENDRANATH ROY, J) Sd/-
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