Gujarat High Court
State Of Gujarat vs Babubhai Ramjibha Koli on 12 May, 2025
NEUTRAL CITATION
R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 196 of 1999
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
and
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting No
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STATE OF GUJARAT
Versus
BABUBHAI RAMJIBHA KOLI
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Appearance:
MR. L.B. DABHI, APP for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 1
MR PRAVIN GONDALIYA(1974) for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
and
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 12/05/2025
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE MAULIK J.SHELAT)
1. The present Acquittal Appeal has been filed under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 08.01.1999 passed by learned Additional Sessions Judge, Rajkot (hereinafter referred to as "the Trial Court") in Sessions Case Page 1 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined No. 256 of 1993. The State is in appeal before us. By way of the impugned judgment and order, the respondent no. 1 who happens to be the sole accused has been acquitted of all the charges levelled against him under Sections 376, 306 and 506(2) of the Indian Penal Code, 1860 (hereinafter referred to as "IPC")
2. The short facts of the prosecution case read as under:-
2.1 The complainant's daughter, Jyotsanaben, died due to burn injuries on 12.10.1992 at around 8:00 a.m. while she was cooking inside the house. As per the prosecution's case, based on an FIR lodged by the deceased's mother, Radiyaben (wife of Ranchhodbhai Kanjibhai), Jyotsanaben, aged about 16 years, committed suicide near her house as a result of being pregnant due to the actions of the accused. It was alleged in the FIR that the accused had made a false promise of marriage to Jyotsanaben and, on that basis, established physical relations with her. As a result, she became pregnant, with the pregnancy estimated to be around 14 weeks at the time of the incident. According to the complainant, her daughter had informed her about the Page 2 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined pregnancy and revealed that when she informed the accused, he refused to marry her and stated that he had only used her for his own pleasure. It is further alleged that the accused not only refused to accept responsibility but also provoked her to commit suicide by telling her to do so if she wished.
2.2 It has further come on record that the deceased disclosed the details regarding her pregnancy and the involvement of the accused to her mother, Radiyaben, on 11.10.1992. Radiyaben, in turn, shared this information with her husband and brother-in-law in the morning hours of 12.10.1992. The incident resulting in Jyotsanaben's death took place later that morning, around 8:00 a.m. on 12.10.1992. The incident has taken place around 08.00 am morning on 12.10.1992. The FIR came to be lodged on 13.10.1992 at Rajkot Taluka Police Station under Sections 376, 506(2) and 306 of IPC being I - C.R. No. 441 of 1992. 2.3 The Investigating Officer recorded the statements of the connected witnesses and seized the necessary documents and after completion of investigation, a charge- Page 3 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025
NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined sheet came to be filed before the learned Judicial Magistrate and as the said offences against the accused were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Rajkot as per the provisions of Section 209 of Code of Criminal Procedure and the case was registered as Sessions Case No. 256/1993. 2.4 The accused was 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 to the accused, as per the provisions of Section 207 of the Code. A charge at Exh. 1 was framed against the accused and the statement of the accused was recorded at Exh. 1, wherein, the accused denied the contents of the charge and the entire evidence of the prosecution was taken on record.
2.5 To bring home the charge against the accused, the prosecution has examined following oral and documentary evidences.
ORAL EVIDENCE
PW Name of the witness Exh.
1 Dr. Vasant Bhagwanjibhai Pasani 5
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NEUTRAL CITATION
R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025
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2 Radiyaben Ranchhodbhai Dalodara 20
3 Diwaliben Gandubhai 21
4 Muktaben Parsottambhai 22
5 Virambhai Sidabhai 23
6 Police Head Constable - Ikbalbhai 24
Rajeshbhai Kureshi
7 Investigating Officer - Vitthalbhai 26
Govindbhai Raval
DOCUMENTARY EVIDENCE
Sr. No. Particulars Exh.
1 Postmortem Report 6
2 Forwarding Letter 9
3 Inquest Panchnama 10
4 School leaving certificate of Babu 11
Ramjibhai Bedi
5 Medical Certificate of Babu Ramji dated 12
29.12.1992 (Age Certificate)
6 Medical Certificate of Babu Ramji dated 13
29.12.1992
7 Letter for muddamaal 14
8 Order for jurisdiction 15
9 FSL Report, Junagadh dated 31.12.1992 16
10 Letter 17
11 Receipt 18
12 Muddamaal Report 19
13 Complaint 27
14 Order of PSO 28
15 Yadi 7
16 Station Diary (Entry No. 30/1992) 25
17 Panchnama of place of offence 30
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NEUTRAL CITATION
R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025
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18 Arrest Panchnama 31
3. After the learned APP filed the closing pursis, the further statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 was recorded, wherein, the accused denied all the evidence of the prosecution on record. The accused refused to step into the witness box or examine witnesses on his behalf and stated that a false case has been filed against them. After the arguments of the learned APP and the learned advocate for the accused were heard, the learned Trial Court by the impugned judgement and order was pleased to acquit the accused from the charges levelled against him.
4. Being aggrieved and dissatisfied with the said judgment and order of acquittal, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order of acquittal passed by the learned Trial Court is contrary to law and evidence on record and the learned Trial Court has not appreciated the fact that all the witnesses have supported the case of the prosecution and Page 6 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined during the cross-examination, nothing adverse has been elicited in favor of the respondent. The case has been proved beyond reasonable doubt and the prosecution has successfully established the case against the respondent and the judgment and order of acquittal is unwarranted, illegal, and without any basis in the eyes of the law and the reasons stated while acquitting the respondent are improper, perverse and bad in law. Hence, the impugned judgment and order passed by the learned Trial Court deserves to be quashed and set aside.
5. Heard learned APP Mr. L.B. Dabhi for the appellant State and learned advocate Mr. Pravin Gondaliya for the respondent. Perused the impugned judgement and order of acquittal and have reappreciated the entire evidence of the prosecution on record of the case.
6. Learned counsel Mr. L.B. Dabhi took this Court through the entire body of evidence presented by the prosecution on record and submitted that the learned Trial Court has committed a grave error in acquitting the accused Page 7 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined of the serious charges levelled against him, which, according to the prosecution, were clearly established through the evidence on record.
6.1 Learned counsel Mr. Dabhi further submitted that the postmortem report confirmed that the deceased, Jyotsanaben, was pregnant at the time of her death and that she died due to burn injuries. He emphasized that Jyotsanaben was only 16 years old and that her death was the result of abetment by the accused, for which he should have been held liable, but was wrongly acquitted by the learned Trial Court.
6.2 Learned counsel Mr. Dabhi also pointed out that the complainant, who is the mother of the deceased, confirmed that the pregnancy was the result of a physical relationship between her daughter and the accused. Since the deceased was a minor at the time of the incident, the act of establishing physical relations with her amounts to an offence punishable under Section 376 of the IPC. 6.3 Learned counsel Mr. Dabhi further argued that the charges against the accused are of a very serious nature. By Page 8 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined making a false promise of marriage and thereby inducing a minor girl into a physical relationship--and later reneging on that promise--the accused not only exploited the girl but also instigated her to commit suicide. For this, he ought to have been convicted under Section 306 of IPC. 6.4 Learned counsel Mr. Dabhi submitted that the prosecution examined not only the complainant but also other family members and witnesses. The medical officer who conducted the postmortem confirmed both the fact of pregnancy and the cause of death as burn injuries.
7. Per contra, learned advocate, Mr. Pravin Gondaliya appearing for the accused has vehemently opposed the appeal contending, inter alia, that the prosecution has miserably failed to prove charges levelled against accused. 7.1 Learned counsel Mr. Gondaliya further contended that the entire case presented by the complainant is based on conjecture and surmise, and that there are significant lapses in the investigation. As a result, the prosecution has failed to prove the charges against the accused beyond reasonable doubt.
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NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined 7.2 Learned counsel Mr. Gondaliya submitted that no blood sample or DNA test of the fetus was conducted, which could have conclusively established whether the pregnancy resulted from the alleged physical relationship between the deceased Jyotsanaben and the accused. In the absence of such medical evidence, he argued, the accused cannot be held guilty of the offences alleged.
7.3 Learned counsel Mr. Gondaliya would submit that the exact date and time when the accused allegedly refused to marry Jyotsanaben has not been established on record. It appears, he argued, that upon learning of her pregnancy, the deceased may have taken the extreme step of suicide, and the accused has been wrongly implicated in the case without adequate evidence.
7.4 Learned counsel Mr. Gondaliya would submit that after a thorough evaluation of the evidence, the learned Trial Court rightly extended the benefit of doubt to the accused. He argued that this finding should not be interfered with by this Court in the exercise of its appellate jurisdiction, especially in an appeal against acquittal. Mr. Gondaliya Page 10 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined emphasized that it is a well-settled legal principle that where two views are reasonably possible, the one that favors the accused should be adopted. This approach, he contended, was rightly followed by the Trial Court. Considering the limited scope of interference in appeals against acquittal, he urged that this Court should not disturb the well-reasoned judgment and order of the learned Trial Court. In view of the above submissions, learned counsel Mr. Gondaliya respectfully prayed that the present appeal be dismissed.
8. We have gone through the records and after re- appreciating the evidence and keeping in mind, the ratio laid down by the Supreme Court of India while deciding acquittal appeal, we deem it appropriate to decide the appeal.
9. Before dealing with merit of the appeal, at this stage, we would like to remind ourselves the position of law settled by Hon'ble Supreme Court of India in its various decisions, whereby it has laid down several criteria while deciding Page 11 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined acquittal appeal.
10. It would be apt to refer the recent decision of Supreme Court of India in the case of Babu Sahebagouda Rudragoudar and Others vs. State of Karnataka [(2024) 8 SCC 149], wherein, it has been held as under:
"39. This Court in the case of Rajesh Prasad v. State of Bihar and Another, (2022) 3 SCC 471 encapsulated the legal position covering the field after considering variousearlier judgments and held as below: -
"29. After referring to a catena of judgments, this Court culled out the following general principles regarding the powers of the appellate court while dealing with an appeal against an order of acquittal in the following words: (Chandrappa case [ Chandrappa v. State of Karnataka, (2007) 4 SCC 415 ] " 42. From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge:
(1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.
(2) The Criminal Procedure Code, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law.
(3) Various expressions, such as, "substantial and compelling reasons", "good and sufficient grounds", "very strong circumstances", "distorted conclusions", "glaring mistakes", etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of "flourishes Page 12 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined of language" to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion.
(4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court.
(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court."
40. Further, in the case of H.D. Sundara & Ors. v. State of Karnataka, (2023) 9 SCC 581 this Court summarized the principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal under Section 378 of CrPC as follows: -
"8.1. The acquittal of the accused further strengthens the presumption of innocence; 8.2. The appellate court, while hearing an appeal against acquittal, is entitled to reappreciate the oral and documentary evidence;
8.3. The appellate court, while deciding an appeal against acquittal, after re- appreciating the evidence, is required to consider whether the view taken by the trial court is a possible view which could have been taken on the basis of the evidence on record;
8.4. If the view taken is a possible view, the appellate court cannot overturn the order of acquittal on the ground that another view was also possible; and Page 13 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined 8.5. The appellate court can interfere with the order of acquittal only if it comes to a finding that the only conclusion which can be recorded on the basis of the evidence on record was that the guilt of the accused was proved beyond a reasonable doubt and no other conclusion was possible."
41. Thus, it is beyond the pale of doubt that the scope of interference by an appellate Court for reversing the judgment of acquittal recorded by the trial Court in favour of the accused has to be exercised within the four corners of the following principles:-
41.1 That the judgment of acquittal suffers from patent perversity; 41.2 That the same misreading/omission to evidence on record; is based on a consider material 41.3 That no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence available on record.
42. The appellate Court, in order to interfere with the judgment of acquittal would have to record pertinent findings on the above factors if it is inclined to reverse the judgment of acquittal rendered by the trial Court."
11. Now, keeping in mind the aforesaid ratio and after reappreciating the evidence on record, following glaring facts, serious contradictions and improbable story of prosecution which are noticed by learned Sessions Court, while acquitting the accused, are required to be considered while deciding the present appeal.
12. The learned Trial Court, after appreciating the evidence on record, arrived at the conclusion that the deceased, Page 14 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined Jyotsanaben, was indeed pregnant and had committed suicide. However, the learned Trial Court also observed that the evidence on record was insufficient to conclusively establish the involvement of the accused in the alleged crime. The Court noted certain improbabilities in the prosecution's case with regard to the allegation of abetment.
Consequently, the benefit of doubt was extended to the accused, leading to his acquittal. The learned Trial Court thus held that the prosecution had failed to prove the charges against the accused beyond reasonable doubt.
13. Upon reappreciation of the oral and documentary evidence on record, we find ourselves unable to take a view different from that of the learned Trial Court. None of the submissions made by the learned APP, Mr. Dabhi, are found to be convincing, owing to the following infirmities and lapses on the part of the prosecution in establishing the charges against the accused.
13.1 There is no substantial evidence on record to implicate the accused under Section 376 of the IPC, apart from the oral testimony of the complainant, which itself contains Page 15 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined several material contradictions.
13.2 The prosecution failed to obtain any medical evidence to verify the blood group of the fetus in comparison with that of the accused.
13.3 No DNA test of the fetus was conducted by the prosecution, which could have definitively established whether the pregnancy resulted from the alleged physical relationship between the accused and the deceased, Jyotsanaben.
13.4 No specific time or place of instigation has been brought on record to prove that the accused abetted the victim, Jyotsanaben, to commit suicide. Such proof is essential to establish the charge under Section 306 of the IPC.
13.5 It would be apposite to reproduce Section 107 read with Section 306 of IPC which reads as under:
Section 107 - Abetment of a thing.-- A person abets the doing of a thing, who--
First.--Instigates any person to do that thing; or Secondly.--Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in Page 16 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined order to the doing of that thing; or Thirdly.--Intentionally aids, by any act or illegal omission, the doing of that thing.
306. Abetment of suicide.--If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 13.6 At this stage, it would be apt to refer to the recent judgement of the Apex Court in case of Prakash & Ors. V. State of Maharashtra & Anr. passed in Criminal Appeal 5543/2024, wherein, the Apex Court has held in para 22 and 26 as under:
[22] It could thus be seen that this Court observed that in cases of alleged abetment of suicide, there must be a proof of direct or indirect act(s) of incitement to the commission of suicide. It has been held that since the cause of suicide particularly in the context of the offence of abetment of suicide involves multifaceted and complex attributes of human behaviour, the court would be looking for cogent and convincing proof of the act(s) of incitement to the commission of suicide. This Court further observed that a mere allegation of harassment of the deceased by another person would not suffice unless there is such action on the part of the accused which compels the person to commit suicide. This Court also emphasised that such an offending action ought to be proximate to the time of occurrence. It was further clarified that the question of mens rea on the part of the accused in such cases would be examined Page 17 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined with reference to the actual acts and deeds of the accused. It was further held that if the acts and deeds are only of such nature where the accused intended nothing more than harassment or a snap-show of anger, a particular case may fall short of the offence of abetment of suicide, however, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. This Court held that owing to the fact that the human mind could be affected and could react in myriad ways and that similar actions are dealt with differently by different persons, each case is required to be dealt with its own facts and circumstances.
23.....
24.....
25.....
[26] Thus, this Court has consistently taken the view that instigation or incitement on the part of the accused person is the gravamen of the offence of abetment to suicide. However, it has been clarified on many occasions that in order to link the act of instigation to the act of suicide, the two occurrences must be in close proximity to each other so as to form a nexus or a chain, with the act of suicide by the deceased being a direct result of the act of instigation by the accused person.
14. It is now a well-settled position of law that if a person commits suicide as a result of abetment by another individual who instigates such an act, that individual would be liable for the offence of abetment of suicide subject to that such instigation would be in close proximity to act of Page 18 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined suicide. However, in the present case, apart from the bare assertion of the complainant--who, according to the FIR, came to know about the pregnancy on 11.10.1992, just a day prior to the incident--there is no concrete evidence brought on record establishing any specific act of instigation by the accused albeit in close proximity to act of accused. As discussed herein above, in the absence of clear details regarding the alleged instigation by accused, the benefit of doubt extended to the accused by the learned Trial Court constitutes a plausible and legally justifiable view.
15. After reappreciating and reexamining the evidence on record, we could not find that there is an error of law committed by the learned Trial Court while acquitting the accused and as such, the findings recorded are neither perverse nor erroneous, whereby, no interference, as such is required by this Court while exercising its appellate power under Section 378 of Code of Criminal Procedure, 1973.
16. Thus, after going through evidence and its re- appreciation as well as reasons assigned by learned Page 19 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025 NEUTRAL CITATION R/CR.A/196/1999 JUDGMENT DATED: 12/05/2025 undefined Sessions Court, the prosecution has failed to prove the charges against accused which are just and proper and we are in complete agreement with reasons assigned by the learned Sessions Court while acquitting accused.
17. Considering these set of evidences on record and in light of the latest decision of the Hon'ble Supreme Court as reproduced hereinabove, which deals with the law on acquittal, we are of the opinion that no error has been committed by the learned Additional Sessions Judge, Rajkot in Sessions Case No. 256 of 1993 while acquitting the respondent.
18. The appeal is accordingly DISMISSED. Resultantly, the impugned judgment and order of the trial court is hereby confirmed. Bail bond, if any, shall stand cancelled. Record and proceedings, if called for, be sent back to the concerned Trial Court forthwith.
(NISHA M. THAKORE,J) (MAULIK J.SHELAT,J) VASIM S. SAIYED Page 20 of 20 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Mon May 19 2025 Downloaded on : Mon May 19 21:26:56 IST 2025