Gujarat High Court
Laxmiben W/O Shantilal Makwana vs State Of Gujarat on 22 July, 2025
NEUTRAL CITATION
R/CR.A/516/2025 ORDER DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 516 of
2025
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LAXMIBEN W/O SHANTILAL MAKWANA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DHWANI Y CHANDARANA(8383) for the Appellant(s) No. 1
MR. KULDEEP D VAIDYA(7045) for the
Opponent(s)/Respondent(s) No. 2
MS 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 : 22/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. Heard, Ms. Dhwani Chandarana, learned counsel for the appellant, Mr. Kuldeep D. Vaidya, learned counsel for the respondent No. 2 and Ms. Krina Calla, learned Additional Public Prosecutor for the respondent No. 1 - State.
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2. This appeal is preferred against a judgment of acquittal of the second respondent, who is the sole accused in Sessions Case No. 103 of 2017 on the file of learned Additional Sessions Judge, Ahmedabad City, as per the judgment rendered dated 22.01.2025.
3. As per the facts of the prosecution case, the prosecutrix is a major and a married woman of 51 years. She is also a mother of five children. It is stated that she is an employee working in Ahmedabad Municipal Corporation (AMC) and the accused is also an employee working in the AMC. It is alleged that the accused has mixed some stupefying drug in tea and offered it to the prosecutrix while working in Umiyanagar area and she became unconscious. Thereafter, he has taken her to an isolated place near a temple and had sexual intercourse on her and committed rape on her. Thereafter also, he has threatened her to reveal the incident to the co-employees and others and thereby, took her to a hotel and booked a room in the hotel in his name and in the name of his wife and had sexual intercourse on her in the room of the hotel and accordingly, he had sexual intercourse on her several times by threatening her. It is Page 2 of 5 Uploaded by HIREN MER(HC00351) on Wed Jul 23 2025 Downloaded on : Wed Jul 23 23:24:07 IST 2025 NEUTRAL CITATION R/CR.A/516/2025 ORDER DATED: 22/07/2025 undefined stated that the accused has taken the thumb impression by force in the register of the hotel even though she is a signatory.
4. One and a half years after the said incident, the prosecutrix lodged the report with the police. It was registered as a case for the offence punishable under Sections 376, 328 and 506(1) of the Indian Penal Code, 1860 (IPC). The case was investigated and the Charge- sheet was filed for the aforesaid offences against the accused.
5. Eventually, at the culmination of trial, the accused was acquitted of all the said charges by the impugned judgment. Aggrieved by the said judgment of acquittal, the prosecutrix has preferred the present appeal.
6. We have carefully gone through the judgment of the trial Court and the material papers available in the Record and Proceedings and the Paper-book that is produced by the counsel for the appellant. At the outset, it is to be noticed that the prosecutrix is a fully grown up woman, aged about 51 years. She is married and Page 3 of 5 Uploaded by HIREN MER(HC00351) on Wed Jul 23 2025 Downloaded on : Wed Jul 23 23:24:07 IST 2025 NEUTRAL CITATION R/CR.A/516/2025 ORDER DATED: 22/07/2025 undefined she is also a mother of five children. She is also an employee in the AMC. The allegation that a stupefying drug was mixed in tea while she was working in Umiyanagar area and it was given to her by the accused and she lost consciousness and from there, the accused took her to an isolated premises near a temple and committed rape on her, is absolutely not believable at all. As per the admitted case of the prosecutrix, she accompanied the accused on various occasions and also to a hotel, and they had sexual intercourse. Though, it is stated by her that she was threatened, it appears to be a concocted version. A careful consideration of the facts clearly show that, it is clear case of consent where she had consensual sexual intercourse with the accused with her own volition and consent. There is absolutely no evidence on record to prove that any stupefying drug was administered to her and she lost her consciousness as alleged by her. There is no medical evidence to that effect on record at all. In fact, there cannot be such evidence as there is inordinate delay in lodging the FIR. There is a delay of one and a half years. The explanation offered by her to explain the said delay is that as she was under
threat and because of social stigma, she did not lodge the FIR Page 4 of 5 Uploaded by HIREN MER(HC00351) on Wed Jul 23 2025 Downloaded on : Wed Jul 23 23:24:07 IST 2025 NEUTRAL CITATION R/CR.A/516/2025 ORDER DATED: 22/07/2025 undefined immediately. It also, is not believable and appears to be a concocted story. Therefore, when a fully grown up woman of 51 years of age and a married woman had accompanied the accused to a hotel and had sexual intercourse in the said hotel, it cannot be said that it is a case of rape and it is a clear case of consent. Therefore, after considering the facts and circumstances of the case and the evidence on record and proper appreciation of the same, the trial Court has rightly recorded a finding of acquittal. We do not find any legal flaw or infirmity in the said finding, warranting interference in this appeal. We absolutely do not find any merit in the submissions made by the learned counsel for the appellant and in the appeal grounds so as to admit the appeal for hearing.
7. Therefore, the appeal is dismissed at the admission stage. Notice is discharged. R&P be returned to the concerned trial Court forthwith.
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