Gujarat High Court
State Of Gujarat vs Samsher Abubkkar Khalifa on 17 June, 2025
NEUTRAL CITATION
R/CR.A/1551/2021 ORDER DATED: 17/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1551 of 2021
==========================================================
STATE OF GUJARAT
Versus
SAMSHER ABUBKKAR KHALIFA & ANR.
==========================================================
Appearance:
MR BHARGAV PANDYA, APP for the Appellant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 17/06/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. Assailing the judgment dated 24/12/2019 of the learned Principal Sessions Court, Navsari passed in Sessions Case No.7 of 2016 on the file of the said court whereby respondent nos.1 and 2 who are accused nos.1 and 2 in the said case (hereinafter referred to as A-1 and A-2) were acquitted for the charges levelled against them, the instant appeal has been preferred by the State.
2. Briefly stated, the facts of the prosecution case are as follows:
Page 1 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 21:44:09 IST 2025
NEUTRAL CITATION R/CR.A/1551/2021 ORDER DATED: 17/06/2025 undefined 2.1. The victim woman who is examined as PW-1 (herein after referred to as 'PW-1') is a married woman aged about 31 years. She got a son aged about 11 years. She got acquaintance with accused no.1 in the process of performing some rituals. It is stated that on 27/06/2015, A-1 has taken PW-1 to Anukul Hotel, Bilimora and has booked a room and after taking her into the room that he has mixed some tablets which are sedative in nature in the water in a glass and made her to drink the said water. After PW-1 has consumed the said water, she lost her consciousness. It is stated that thereafter he has sexual intercourse with her while she was in unconscious state of mind and thereby committed rape on her without her consent.
2.2. After PW-1 regained her consciousness, she went back to her house and thereafter she lodged a report with the police after two months from the date of offence i.e. on 19/08/2015 stating that the accused has committed rape on her by administering sedative drugs to her. It is also stated that the accused also recorded the incident in his mobile video and threatened PW-1 to pay money to him and tried to extort Page 2 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 21:44:09 IST 2025 NEUTRAL CITATION R/CR.A/1551/2021 ORDER DATED: 17/06/2025 undefined money from her. It is also stated that A-1 has taken the ATM card of PW-1 and has withdrawn money several times from her account. A-2 is the wife of A-1 and it is stated that she has abetted the commission of the said offence by A-1.
3. After registering the crime by the police, PW-1 was referred for medical examination. PW-11, who is a doctor, who has examined PW-1 has stated that there was a consensual sexual relationship on her part.
4. After completion of the investigation, the police has filed charge-sheet against the accused for the aforesaid offences.
5. After committal of the case by the committal court to the court of sessions, the trial court has framed charges for the offences punishable under Sections 376, 384 and 506(2) of the Indian Penal Code against both A-1 and A-2. Both the accused denied commission of any such offences and claimed to be tried.
6. The trial took place in the trial court and at the culmination of the trial, after considering the both oral and Page 3 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 21:44:09 IST 2025 NEUTRAL CITATION R/CR.A/1551/2021 ORDER DATED: 17/06/2025 undefined documentary evidence as well as the medical evidence, the learned Sessions Judge, after appreciating the evidence on record, found both A-1 and A-2 not guilty for any of the aforesaid charges levelled again them and thereby acquitted both the accused for the aforesaid charges.
7. Aggrieved thereby, as noticed supra, the State has preferred the present appeal against the said judgment of acquittal.
8. We have heard learned Additional Public Prosecutor Mr.Bhargav Pandya at length for the State and also perused the record and proceedings and considered the evidence on record.
9. The trial court, after considering the evidence on record, held that PW-1, who is the victim, is a major and she has voluntarily accompanied A-1 to the hotel and there is no evidence on record to prove that sedative drugs are administered to her by A-1 and thereby raped her and held that she is a consenting party for the sexual intercourse that took place between both of them and thereby disbelieved the Page 4 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 21:44:09 IST 2025 NEUTRAL CITATION R/CR.A/1551/2021 ORDER DATED: 17/06/2025 undefined case of the prosecution and acquitted the accused. Apart from the other findings recorded by the trial court, the accused were acquitted mainly on the aforesaid ground.
10. After considering the evidence on record, we have absolutely no hesitation to hold that the trial court arrived at a right conclusion and disbelieved the case of the prosecution and acquitted the accused on proper appreciation of the evidence on record.
11. Admittedly, PW-1 is a grownup woman aged about 31 years. She is also a married woman and a mother of 11 years boy. There was prior acquaintance between both PW-1 and A-
1. The same is borne out by record. In the process of performing some rituals, they got acquaintance with each other. The evidence of the Manager of hotel, who is examined as PW-7, clearly proves and establishes that even on four occasions prior to date of offence that both PW-1 and A-1 came to the said hotel and booked a room for one whole day and stayed together in the said room. Even on the date of offence, admittedly, PW-1 voluntarily accompanied A-1 to the said hotel and has booked a room and stayed in it. The Page 5 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 21:44:09 IST 2025 NEUTRAL CITATION R/CR.A/1551/2021 ORDER DATED: 17/06/2025 undefined evidence of PW-7 also proves that she herself has submitted her identity proof at the time of booking the hotel and entered the room along with A-1. The said evidence of PW-7 and the said circumstances clinchingly proves that there was some illegal affair between both PW-1 and A-1 and that she has been voluntarily accompanying him to the hotel frequently and staying with him in a room for the whole day. The said evidence also proves that even on the date of offence i.e. on 27/06/2015 that she voluntarily accompanied A-1, submitted her identity proof and booked a room and stayed with him in the said room. Although it is stated by her that A-1 has mixed some sedative tablets in a water and made her to consume the said water and that thereafter she become unconscious and that A-1 had forcefully committed sexual intercourse on her, there is no medical evidence on record, much less, any acceptable legal evidence on record to prove that A-1 has administered any sedative drugs to her and thereby made her unconscious and that thereafter he raped her. It is significant to note that even she did not state the said fact before PW-11, who is a doctor, who examined her that a sedative drugs are administered to her. It is also significant to note that she also did not state in the FIR in specific terms that any sedative Page 6 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 21:44:09 IST 2025 NEUTRAL CITATION R/CR.A/1551/2021 ORDER DATED: 17/06/2025 undefined drugs are administered by A-1 in the room of the said hotel.
Therefore, the said story is absolutely false and it has been invented for the purpose of registering a false case against A-
1. It is also important to note here that when the offence took place, according to her, on 27/06/2015, she lodged a report with the police with inordinate delay of almost two months on 19/08/2015. No explanation is offered by her to explain the said delay. It throws any amount of doubt recording the falsity of the allegations made against both A-1 and A-2.
12. The evidence of the doctor, who is examined as PW-11, clearly shows that when PW-1 was examined by her that PW-1 clearly and unequivocally stated before the doctor that she had earlier sexual relationship with A-1. This evidence is sufficient to hold that PW-1, who is the victim, had an extra marital relationship and affair with A-1 and she has been voluntarily accompanying him to the hotel and staying with him in a room booked by them by voluntarily submitting her identity proof in the hotel. These facts and circumstances emanating from the record amply proves that the allegation of committing rape by A-1 on PW-1 ins absolutely false. On the other hand, the said facts and circumstances of the case Page 7 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 21:44:09 IST 2025 NEUTRAL CITATION R/CR.A/1551/2021 ORDER DATED: 17/06/2025 undefined clinchingly establish that they had an extra marital relationship and it a clear case of consent and not at all a case of rape.
13. As regards the allegation that A-1 has recorded in his mobile video when they were in compromise situation and he has threatened her with the use of said video clippings and extracted money from her, there is absolutely no evidence on record even to establish the said fact. No such mobile clippings are seized. In fact the Investigating Officer clearly admitted that no such recording is found in the mobile phone of A-1. Therefore, this allegation also clearly appears to be false. The evidence on record and the facts and circumstances of the case clearly show that PW-1 has lodged a false report with the police and made many false allegations against both A-1 and A-2 converting a case of consent into a case of rape.
14. The learned Sessions Judge, after considering the evidence on record and on proper appreciation of the same and also after considering the facts and circumstances of the case, arrived at a right conclusion and recorded a finding of Page 8 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 21:44:09 IST 2025 NEUTRAL CITATION R/CR.A/1551/2021 ORDER DATED: 17/06/2025 undefined acquittal against both A-1 and A-2. Upon considering the said evidence on record and upon re-appraisal of the same and after considering the facts and circumstances of the case carefully, we absolutely find no valid legal ground warranting interference of this Court with the said judgment of acquittal rendered by the learned Sessions Judge. The findings recorded by the trial court are based on proper appreciation of the evidence on record and they are not perverse.
15. Therefore, we see absolutely no valid ground even to admit this appeal.
16. Resultantly, the appeal is dismissed at the admission stage itself. Record and proceedings be sent back forthwith to the concerned court.
(CHEEKATI MANAVENDRANATH ROY, J) (D. M. VYAS, J) ILA Page 9 of 9 Uploaded by PATEL ILA KANTIBHAI(HC00194) on Thu Jun 19 2025 Downloaded on : Thu Jun 19 21:44:09 IST 2025