Gujarat High Court
Ranjitsinh Rajendrasinh Chauhan vs State Of Gujarat on 24 June, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/2095/2004 JUDGMENT DATED: 24/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 2095 of 2004
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
==========================================================
Approved for Reporting Yes No
√
==========================================================
RANJITSINH RAJENDRASINH CHAUHAN
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR UMARFARUK M KHARADI(8155) for the Appellant(s) No. 1
MR ROHANKUMAR RAVAL, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 24/06/2025
ORAL JUDGMENT
1. Learned advocate Mr. Kharadi relying upon the judgment of Shriram Urav v. State of Chhattisgarh in Criminal Appeal no.41 of 2021 and the affidavit of the victim-Nita wife of Ranjitsinh Rajendrasinh Chauhan and daughter of Kanjibhai Joitabhai Prajapati, aged 38 years, has submitted that the appellant and the victim are in matrimonial relation. They have already married and out of cohabitation, they have two children, the elder son aged 22 and daughter is aged 19 years. Mr. Kharadi has placed Page 1 of 5 Uploaded by MAULIK R. PANDYA(HC00205) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 23:00:29 IST 2025 NEUTRAL CITATION R/CR.A/2095/2004 JUDGMENT DATED: 24/06/2025 undefined reliance on the school leaving certificate of both the children.
2. The affidavit of the victim is supported by Aadhar Card in which her name is shown as Chauhan Nitaba and as wife of Ranjitsinh and residing at Virpur, Sabarkantha, Himmatnagar, Gujarat.
3. The facts of the case suggest that the complaint was filed by the father. The victim had stated before the learned Chief Judicial Magistrate, Himmatnagar on 20.8.2004 that on knowing that her parents had filed a complaint, she and the appellant both appeared before the Himmatnagar Town Police Station. She had stated that she on her own volition had joined the appellant and after four months, they have appeared before the police. She stated that she had married the appellant by customery way. Both were arrested. She was not willing to go and stay with the parents and therefore, was sent to Nari Sanrakshan Gruh. During that period, she had given birth to the elder son. She had stated before the learned Chief Judicial Magistrate that she wanted to stay with her husband. She has referred to the appeal filed by the husband. Yesterday i.e. Page 2 of 5 Uploaded by MAULIK R. PANDYA(HC00205) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 23:00:29 IST 2025 NEUTRAL CITATION R/CR.A/2095/2004 JUDGMENT DATED: 24/06/2025 undefined on 23.6.2025, the victim lady had appeared with her daughter and the appellant and had affirmed that whatever she has stated in the affidavit is true and they are happily married. The complaint came to be filed since the parents were against the marriage.
4. Mr. Raval, learned APP has submitted that though the settlement has been arrived and though the appellant and the victim are staying together with the family, the offence is required to be punished and thus, submitted that the judgment of the learned Trial Court is required to be affirmed.
5. In the case of K. Dhandapani v. State By the Inspector of Police, 2022 (0) JX (SC) 522, the Hon'ble Supreme Court had referred to the provisions of the POCSO Act and taking into consideration the subsequent event of happy marriage life and having two children and in light of the circumstances, the conviction and sentence was set aside without establishing the legal precedent.
6. In the case of Shriram Urav (supra), the conviction was under Sections 366, 376 of the IPC. The victim was 15 Page 3 of 5 Uploaded by MAULIK R. PANDYA(HC00205) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 23:00:29 IST 2025 NEUTRAL CITATION R/CR.A/2095/2004 JUDGMENT DATED: 24/06/2025 undefined years of age and keeping in mind that the appellant - accused subsequently married with the prosecutrix and they have four children out of the wedlock, under the peculiar facts and circumstances, the Hon'ble Supreme Court exercised the jurisdiction and quashed the conviction and sentence imposed upon the appellant.
7. Here too, the whole case suggest that the prosecutrix was willing person to stay with the appellant from the very beginning. The age of the prosecutrix at the relevant point of time was 16 years and 5 months. She after eloping with the appellant on her own free will had never joined the parents, rather she preferred to stay in Nari Sanrakshan Gruh and as per her say, she had married the appellant and during her stay at Nari Sanrakshan Gruh, she gave birth to the first child. This Court has verified from the daughter too that all of them are staying happily with the family and residing together.
8. Taking into consideration the fact and the circumstances, this Court is of the opinion that if the appellant is made to suffer the sentence, then it would disturb the future of the family and the children, where from the very beginning, the Page 4 of 5 Uploaded by MAULIK R. PANDYA(HC00205) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 23:00:29 IST 2025 NEUTRAL CITATION R/CR.A/2095/2004 JUDGMENT DATED: 24/06/2025 undefined case is of the consent and further the act as stated is of 22.11.2002 is prior to coming into force of POCSO Act and when both the children are progressing in their own field for the betterment of their life and the happiness of the family, the judgment dated 25.9.2003 passed by the Fast Track Court, Himmatnagar in Sessions Case no.70 of 2003 for the offence punishable under Sections 363, 366 and 376 of the IPC is quashed and set aside. The appellant is acquitted from all the charges. The appeal is allowed in the aforesaid terms.
(GITA GOPI,J) Maulik Page 5 of 5 Uploaded by MAULIK R. PANDYA(HC00205) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 23:00:29 IST 2025