Gujarat High Court
State Of Gujarat vs Rameshbhai Bhimabhai Vala on 12 August, 2025
NEUTRAL CITATION
R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 688 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE S.V. PINTO Sd/-
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Approved for Reporting Yes No
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STATE OF GUJARAT
Versus
RAMESHBHAI BHIMABHAI VALA & ORS.
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Appearance:
MR PRANAV DHAGAT, APP for the Appellant(s) No. 1
ABATED for the Opponent(s)/Respondent(s) No. 1
MR.J.K.PARMAR(587) for the Opponent(s)/Respondent(s) No. 2,3
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 12/08/2025
ORAL JUDGMENT
1. During pendency of this appeal, the respondent no. 1 - original accused No. 1 - Rameshbhai Bhimabhai Vala has expired on 07.06.2020 and vide order dated 18.04.2023, the present appeal qua the respondent no.1 stands disposed of as infructuous.
2. This appeal has been filed by the appellant - State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 Page 1 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined (hereinafter referred to as 'the Code') against the judgment and the order passed by the learned 8th (Ad-hoc) Additional Sessions Judge, Veraval (hereinafter referred to as 'the learned Trial Court') in Sessions Case No. 03 of 2014 on 26.02.2015, whereby, the learned Trial Court has acquitted the respondents - accused from the offences punishable under Sections 363, 366 and 114 of the Indian Penal Code (hereinafter referred to as 'the IPC'). 2.1 The respondents are hereinafter referred to as 'the accused' as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.
3. The relevant facts leading to filing of the present appeal are as under:
3.1. Prafulbhai @ Jhinko Bhimabhai Devipujak was in judicial custody in an offence registered with Keshod Police Station I-C.R.No.136 of 2012 and on 18.10.2013, while the complainant Bhavnaben, wife of Rameshbhai @ Bupatbhai Solanki and her husband Rameshbhai @ Bupatbhai Solanki had Page 2 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined gone for labour work, all the accused abducted the minor daughter of the complainant with an intention of getting her married to Prafulbhai Bhimabhai Devipujak. The complainant Bhavnaben, wife of Rameshbhai @ Bupatbhai Solanki, filed a complaint at Chorwad Police Station under sections 363, 366, 114 of the IPC, which came to be registered at Chorwad Police Station, I-C.R.No. 34 of 2013.
3.2. After registration of the FIR, the investigation was carried out by the concerned Investigating Officer and after having sufficient material against the accused, a chargesheet came to be filed before the concerned jurisdictional Magistrate. As the case was exclusively triable by the Court of Sessions, after completion of the process under Section 209 of the Cr.P.C., the case was committed to the Sessions Court and the same was registered as Sessions Case No. 03 of 2014.
3.3. The accused were duly served with the summons and the accused appeared before the learned Trial Court and it was verified whether the copies of all the police papers were provided Page 3 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined to the accused as per the provisions of Section 207 of the Code. A charge was framed by the learned Trial Court at Exh.5 and the statements of the accused were recorded at Exh. 6 to Exh. 8 respectively, wherein, the accused denied all the contents of the charge and the entire evidence of the prosecution was taken on record. The prosecution examined 04 witnesses and produced 15 documentary evidence in support of the case. 3.4 After the closing pursis was submitted by the learned APP at Exh.41, the further statement of the accused under Section 313 of the Code were recorded. After hearing the arguments of the learned APP and learned advocate for the accused and after perusing the documents on record, the learned Trial Court, by the impugned judgment and order, acquitted the accused for the offence.
4. Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Trial Court, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order of acquittal passed by the Page 4 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined learned Trial Court is contrary to law, evidence on record and principles of natural justice. The learned Trial Court has erred in evaluating the evidence on record of the case and without appreciating the evidence in its real perspective. That there are directed and indirect evidence connecting the respondents with crime produced in this Court, in spite of the fact, the learned Trial Court, without appreciating oral as well as documentary evidence on record of the case, straight way arrived at conclusion that the prosecution has failed to prove the case beyond reasonable doubt. The learned Trial Court has erred in not considering the evidence of the complainant and other witnesses which has fully supported the case of the prosecution. The learned Trial Court has passed the impugned judgment and order of acquittal is without giving any cogent and convincing reasons, illegal, invalid and improper, and therefore, the same requires to be quashed and set aside.
5. Heard learned APP Mr.Pranav Dhagat for the appellant - State and learned advocate Mr.J.K.Parmar for the respondent Nos. 2 and 3. Perused the impugned judgment and Page 5 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined order of acquittal and have re-appreciated the entire evidence of the prosecution on record of the case.
6. Learned APP Mr.Pranav Dhagat for the appellant - State has taken this Court through the entire evidence produced by the prosecution and has vehemently argued that the learned Trial Court has not appreciated the evidence properly and the prosecution has produced cogent evidence to prove the case and has successfully proved the case against the accused but the learned Trial Court has not considered the same and has acquitted the accused. The judgment and order of acquittal passed by the learned Judge is contrary to law, evidence on record and principles of justice. The judgment and order of acquittal passed by learned Judge is based on inferences, not warranted by facts of the case and also on presumptions, not permitted by law. Learned APP has urged this Court to quash and set aside the impugned judgment and order of acquittal and to find the accused guilty for the said offence and impose maximum sentence on the accused.
7. Learned advocate Mr.J.K.Parmar for the respondent Page 6 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined No. 2 and 3 - original accused Nos. 2 and 3 has submitted that the learned Trial Court has appreciated all the evidence in true perspective and has not committed any error in acquitting the accused. Therefore, no interference of this Court is required in the impugned judgment and the order of acquittal passed by the learned Trial Court and has urged this Court to reject the appeal.
8. It is a settled principle of law that in an appeal against acquittal, the Appellate Court is circumscribed by limitation that no interference has to be made in the order of acquittal unless after appreciation of the evidence produced before the learned Trial Court, it appears that there are some manifest illegality or perversity which could not have been possibly arrived at by the Court. It is also a settled principle that there is no embargo on the Appellate Court to review the evidence but, generally the order of acquittal shall not be interfered with as the presumption of innocence of the accused is further strengthened by the order of acquittal. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are Page 7 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined possible on the evidence adduced in the case of the prosecution i.e. (i) guilt of the accused and (ii) his innocence, the view, which is in favour of the accused, should be adopted, and if the trial Court has taken the view in favour of the accused, the Appellate Court should not disturb the findings of the acquittal. The Appellate Court can interfere with the judgment and order of acquittal only when there are compelling and substantial reasons and the order is clearly unreasonable and where the Appellate Court comes to conclusion that based on the evidence, the conviction is a must.
9. As per the settled principles of law in acquittal appeal, the evidence of the prosecution on record is re-appreciated and PW-1 Bhavnaben Rameshbhai, examined at Exh.18, is the complainant, who has narrated the facts as stated by her in the complaint produced at Exh.19. The complainant has stated that at the time of the incident, she and her husband had gone for labour work and when they returned home at around 7:00p.m., her daughter was not at home and she asked her neighbour Nathiben, who told her that her daughter did not come to her house. The Page 8 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined accused No.1 would come to her house and threaten to kidnap her daughter and as she had a doubt on the accused No. 1, she filed the complaint produced at Exh.19 at the Chorwad Police Station. She went and inquired from the accused No.1, but he feigned ignorance, and hence, the complaint was filed. Her daughter was found after two days and she was sent to "Shishumangal", and thereafter, they brought her home. In the cross-examination by the learned advocate for the accused, the witness has admitted that she was not at home at the time of the incident and when she returned home in the evening, she found that her daughter was not at home and filed the complaint as she had a doubt on the accused. 9.1. PW-2 Bhavikaben Rameshbhai @ Bhupatbhai examined at Exh.20, is the victim, who has stated that the accused had told her that she had to come to sign some papers to release Praful Bhima and they had taken her to Keshod and then to Gondal. Her parents had filed a complaint at Mangrol Police Station and she was produced before the Mangrol Police and sent to the "Shishumangal" where she resided at the "Shishumangal" Page 9 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025
NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined for one month, and thereafter, her parents came and brought her home. Prior to the incident, Praful Bhima had enticed her to get married to her and she had eloped with him and resided with him at Gondal for eight months. In the cross-examination by the learned advocate for the accused, the witness has stated that there was a gap of about 2½ years between both the incidents. The witness has admitted that there are a number of shops at the place of a residence and it is constantly teeming with vehicles. 9.2. PW-3 Jasabhai Bhagwanbhai Vala examined at Exh.22, is the principal of "Shri Vinoba Vidya Mandir" who has produced the certificate of "Shri Vinoba Vidya Mandir" Seemar at Exh.23. The certificate states that the date of birth, as per the school records of the victim, is 01.06.1997. During the cross-examination by the learned advocate for the accused, the witness has stated that the certificate has been issued on the basis of the School Leaving Certificate given to the school and there was no birth certificate in the school records. He has not submitted any form filled up by the parents in the school.
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NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined 9.3. PW-4, Rameshbhai Bachubhai Solanki, examined at Exh.24, is the father of the victim, but he has not supported the case of the prosecution. The witness has been declared hostile, and in the cross-examination, he has admitted that on the date of the incident, his daughter was more than 18 years, and on the date of the incident, she had a quarrel with her mother, and without informing anyone, she had gone to her uncle's house. 9.4. The panchnama of the place of offence is produced at Exh.27, the arrest panchnama of the accused are produced at Exh.28 and Exh.29, extract of the register of the arrest of accused of Keshod Police Station is produced at Exh.34 and the copy of the FIR of Keshod Police Station I-C.R.No. 66 of the 2014 under Sections 363 and 366 of the IPC is produced at Exh.36.
10. On minute appreciation of the entire evidence of the prosecution, as per the case of the prosecution, the minor daughter of the complainant Bhavnaben Rameshbhai was abducted by all the accused so that she could get married to one Prafulbhai Bhimabhai, who was in judicial custody in an offence Page 11 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined registered at Keshod Police Station, but no such evidence has emerged on record. If the deposition of PW-2, the victim, is perused, she does not name the accused and does not specify what act they had committed, when was she abducted and the time when they had abducted her. It is pertinent to note that Prafulbhai Bhimabhai is not an accused and the complaint filed at Exh.19 by the complainant is a typed complaint dated 19.10.2013 and is filed against 5 persons, but the chargesheet has been filed against 3 persons. PW-3 Jashabhai Bhagwanbhai Vala has produced the certificate regarding the date of birth of the victim, but the same has not been proved as the date of birth has been mentioned in the basis of the School Leaving Certificate given by the parents of the students earlier and no such certificate has come on record. The Investigating Officer has not been examined, and hence, it has not come on record as to whether any investigation for the date of birth of the victim was done by the Investigating Officer. Moreover, PW-4 Rameshbhai Bachubhai Solanki, the father of the victim, has not supported the case of the prosecution and he has Page 12 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined categorically stated that on the date of the incident, his daughter was more than 18 years old and she had a quarrel with her mother in the morning, and hence, she had left the house of her own free will and had gone to her uncle's house. In the deposition of PW-1 Bhavnaben Rameshbhai it has also emerged on record that they had a dispute with the accused earlier as the accused No.1 would threaten her that he would abduct her daughter and he would telephone her, but no such details or no mobile numbers or the date and time when the threats were given has come on record. The entire evidence on record has been appreciated in detail by the learned Trial Court.
11. In view of the above, the learned trial Court has appreciated the entire evidence in proper perspective and there does not appear to be any infirmity and illegality in the impugned judgment and order of acquittal. The learned Trial Court has appreciated all the evidence and this Court is of the considered opinion that the learned Trial Court was completely justified in acquitting the accused of the charges leveled against them. The Page 13 of 14 Uploaded by F.S. KAZI(HC01075) on Thu Aug 14 2025 Downloaded on : Thu Aug 14 21:51:55 IST 2025 NEUTRAL CITATION R/CR.A/688/2015 JUDGMENT DATED: 12/08/2025 undefined findings recorded by the learned Trial Court are absolutely just and proper and no illegality or infirmity has been committed by the learned trial Court and this Court is in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by the learned Trial Court. This Court finds no reason to interfere with the impugned judgment and order and the present appeal is devoid of merits and resultantly, the same is dismissed.
12. The judgment and the order passed by the learned 8th (Ad-hoc) Additional Sessions Judge, Veraval in Sessions Case No. 03 of 2014 on 26.02.2015, Ahmedabad is hereby confirmed.
13. Bail bond stands cancelled. Record and proceedings be sent back to the concerned Trial Court forthwith.
Sd/-
(S. V. PINTO,J) F.S.KAZI.....
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