Gujarat High Court
State Of Gujarat vs Nileshkumar @ Bakabhai Sanjajiasoda on 10 November, 2025
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.A/948/2001 JUDGMENT DATED: 10/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 948 of 2001
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
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Approved for Reporting Yes No
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STATE OF GUJARAT
Versus
NILESHKUMAR @ BAKABHAI SANJAJIASODA
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Appearance:
MR JK SHAH APP for the Appellant
MS.DILBUR CONTRACTOR(6388) for the Respondent
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 10/11/2025
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. Here is the Appeal by the State against the judgment and order of acquittal.
2. Being dissatisfied by the judgment and order passed by the learned Additional Sessions Judge, Himmatnagar, Sabarkantha, dated 31.08.2001, acquitting the respondent from the offence under Page 1 of 11 Uploaded by P.S. JOSHI(HC00177) on Mon Nov 10 2025 Downloaded on : Mon Nov 10 22:23:53 IST 2025 NEUTRAL CITATION R/CR.A/948/2001 JUDGMENT DATED: 10/11/2025 undefined Sections 323, 363, 366, 376 of the IPC, State has preferred instant appeal under Section 378 of the Cr.P.C.
3. This Court has heard Mr. J. K. Shah, learned Additional Public Prosecutor, learned Counsel Ms. Dilbur Contractor for the respective parties.
4. Brief facts giving rise to file the present Appeal are that, the respondent accused was charged with the kidnapping and rape of girl aged about 16 years and 9 months. Both the parties were resident of village:
Dharasan, Sabarkantha. According to case of the prosecution, on 10.09.1997, the prosecutrix and her cousin sister went for study at Bhiloda and they returning in public transport vehicle and at about 8-00 o'clock they came down from the bus at the board of Village: Dharasan. The accused and his cousin brother were present at the place. After seeing the victim, the respondent accused approached the victim and after giving a slap, she was dragged and taken to nearby primary school of Dharasan village, where she was forcibly raped by the accused and thereafter, she was again taken to village lake, where also, she was raped. The cousin sister PW-8 left the place and went to her house and told the facts of incident to the family. The victim in the early morning at about 4-00 o'clock Page 2 of 11 Uploaded by P.S. JOSHI(HC00177) on Mon Nov 10 2025 Downloaded on : Mon Nov 10 22:23:53 IST 2025 NEUTRAL CITATION R/CR.A/948/2001 JUDGMENT DATED: 10/11/2025 undefined reached at the house of her maternal aunt and on the next day, the complaint in the form of FIR came to be registered with Bhiloda Police Station. The investigation of the case was handed over to PW-15 Mr. Sumra. The IO during the investigation sent the victim for medical examination, arrested the accused, drew the panchnama of place of occurrence, collected the necessary samples for forensic analysis, recorded the statement of witnesses, obtained necessary medical case papers, sent the seized articles to the FSL for forensic analysis and upon completion of the investigation, submitted the chargesheet in the court of Judicial Magistrate.
5. Since the case was exclusively triable by the Sessions Court, the Court committed the case to the Sessions Court, who has been culminated into Sessions Case No. 107 of 1997.
6. The learned Additional Sessions Judge, Himmatnagar, Sabarkantha framed charge under the aforesaid sections against the accused to which, they pleaded not guilty and claimed trial.
7. In order to prove the charge, the prosecution has examined 15 material witnesses:
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8. During the course of the trial, the prosecution has proved and produced following documents:
Exh.19 Complaint
Exh.25 Panchnama of clothes of victim
Exh.27 Panchnama of statement under S.27 of
evidence
Exh.31 Panchnama of clothes of accused
Exh.12 Injury report of victim, liloda hospital
Exh.13 Injury report of victim, civil hospital,
himmatnagar
Exh.14 Medical examination of accused, and Birth
certificate of victim
Exh.53 Certificate of presence of Jashodaben
Exh.54 Certificate of presence of Menkaben
Exh.63 Forwarding of articles
Exh.64 FSL report
Exh.65 Serological report
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NEUTRAL CITATION
R/CR.A/948/2001 JUDGMENT DATED: 10/11/2025
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Exh.42 Xerox of Vali slip
Exh.43 Copy of general register of school
Exh.59 Map of place of offence
9. On conclusion of oral evidence, the trial Court recorded further statements of the accused as provided under Section 313 of the Code, wherein, they claimed their innocence.
10. The learned Sessions Judge after appreciating and examining the oral as well as documentary evidence acquitted the accused herein for the offences with which they were charged, on the ground that, the evidence of victim is not of sterling quality and does not inspire confidence.
11. In view of the aforesaid facts and circumstances, this acquittal appeal has been preferred by the State.
12. Oral Evidence of the victim :
PW-2 (X) : The victim aged about 16 years and 9 months, in her chief examination has stated that, on 10.09.1997, she along with her cousin sister PW-8 had gone to Bhiloda to attend the school and in evening hours, to reach their village: Dharasan, they picked up State Transport Bus from Bhiloda and came down at the board of village: Dharasan. The Page 5 of 11 Uploaded by P.S. JOSHI(HC00177) on Mon Nov 10 2025 Downloaded on : Mon Nov 10 22:23:53 IST 2025 NEUTRAL CITATION R/CR.A/948/2001 JUDGMENT DATED: 10/11/2025 undefined victim has further stated that in the presence of her cousin sister, the accused gave a slap and dragged her nearby school area and she was forcibly raped by the accused. The victim has further stated that, after the said incident, she was taken to the lake area of the village, where also, forcible intercourse being made by the accused upon her. The victim has stated that at relevant time, there was a rain and at about 4-00 in morning, she came at the house of her maternal aunt, who happened to be the mother of PW-8 and after discussion with the family, she lodged an FIR.
In the cross-examination, she had admitted that there were no injury marks found over her backside of the body. The defense was in total denial and indirectly, the theory of consent being put forth, however, the victim has denied about the theory of consent.
13. We deem it fit not to refer the other oral evidence, because, the age of the victim and the procedure adopted by the Medical Officer for examination of the victim have not been questioned.
14. Mr. J. K. Shah, learned Additional Public Prosecutor appearing for the appellant - State assailing the Page 6 of 11 Uploaded by P.S. JOSHI(HC00177) on Mon Nov 10 2025 Downloaded on : Mon Nov 10 22:23:53 IST 2025 NEUTRAL CITATION R/CR.A/948/2001 JUDGMENT DATED: 10/11/2025 undefined judgment and order of acquittal, has submitted that the findings of acquittal are contrary to law and evidence on record and the findings recorded are palpably erroneous and based on the irrelevant material. That the evidence of forcefully kidnapping victim by the accused being supported by PW-8 and to some extent, the injury marks being found by the PW-1 Dr. Dala Parmar. That the victim herself has denied to the theory of consent. In such circumstances, the trial Court has misdirected itself while appreciating the evidence of the victim, which is otherwise truthful and reliable. That the victim had no motive to falsely implicate the accused and come up with a false story.
15. Mr. J. K. Shah, learned APP in such circumstances, as referred above, has submitted that while acquitting the respondent accused, the trial Court has discarded and ignored the substantial evidence of the victim and has committed an error of law, while coming to the conclusion that prosecution miserably failed to prove its case. Thus, it is prayed that the prosecution has succeeded in proving the charge against the respondent accused and the judgment and order of acquittal be set aside and accused may be convicted and sentenced for the offence as referred above.
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16. Ms. Dilbur Contractor, learned counsel appearing for the respondents accused have submitted that the High Court in a case of Appeal against the acquittal, can interfere only when there are compelling substantial reasons for doing so and more particularly, the findings are without reasons and unreasonable and contrary to the evidence. In the facts of the present case, the prosecutrix was in the company of the accused from 8-00 pm to 3-00 am early morning and did not make any hue and cry and considering the medical evidence, the theory of forcible intercourse cannot be acceptable and believable. Thus, the conduct of the victim demonstrates that she was either consenting party or she has no regard to the truth and by falsely implicating the accused, she was deposing falsely against the accused.
17. In view of the aforesaid contentions, the learned counsels appearing for the original accused have submitted that, the findings recorded by the trial Court cannot be said to be perverse as while arriving at the findings in relation to the truthfulness and acceptability of the testimony of the victim, the trial court has assigned sufficient reasons for not believing her evidence and has rightly come to a conclusion that the prosecution has not been able to Page 8 of 11 Uploaded by P.S. JOSHI(HC00177) on Mon Nov 10 2025 Downloaded on : Mon Nov 10 22:23:53 IST 2025 NEUTRAL CITATION R/CR.A/948/2001 JUDGMENT DATED: 10/11/2025 undefined establish the guilt of the accused beyond reasonable doubt.
18. Before proceeding to address the rival submissions, we would like to place on record the scope of interference in an appeal against the acquittal and when the same is justified. In exceptional cases, where there are compelling circumstances and the judgment under appeal is found to be perverse, the appellate court can interfere with the judgment of acquittal. The Appellate Court should bare in mind the presence of innocence of the accused and further that, the trial Court's acquittal bolsters the presumption of his innocence. Interference in a routine manner, where the other view of possible should be avoided, unless there are reasons for interference.
19. In the present case the issue fall for our consideration as to whether the trial Court was justified in acquitting the accused?
20. The prosecution case in our opinion solely rests on the evidence of the victim PW-2. It is settled position of law that in rape case, if the victim's version is credible, then no corroboration would be necessary. But if the victim's version is not credible, then there Page 9 of 11 Uploaded by P.S. JOSHI(HC00177) on Mon Nov 10 2025 Downloaded on : Mon Nov 10 22:23:53 IST 2025 NEUTRAL CITATION R/CR.A/948/2001 JUDGMENT DATED: 10/11/2025 undefined would be need for corroboration. We have carefully examined the oral testimony of the victim. It is relevant to note that, the victim, herself given a history before doctor PW-1, stating inter-alia that, she was raped by the accused for 5 times in the presence of her cousin sister PW-8. In the oral evidence, she did not mention the presence of her cousin sister, when she was sexually abused by the accused. The cousin brother of the accused was also present, but somehow, the prosecution has not cited him as a witness. Upon overall appreciation of the victim, it revealed that she was remained in the company of the accused from 8-00 pm to 3-00 am early morning. The victim had gone to the house of her maternal aunt instead of reaching at her own house. The maternal uncle after receiving the information from her daughter PW-8, went in search of victim but he did not found her in the vicinity of school area. In such circumstances, the conduct of the victim demonstrates that either she was a willing party or for reasons best known to her, she is not telling the truth. Thus, her evidence for convicting the accused are not sufficient, reliable and acceptable and her evidence does not fall in the category of sterling quality and thus, it cannot be relied upon to hold the accused guilty of offence.
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21. For the reasons recorded, the prosecution miserably failed to prove the charge of kidnapping and rape of the victim.
22. In light of what has been noted above, the reasons for not accepting the testimony of victim by the trial Court, are based on the evidence on record and view taken by the trial court is plausible and possible view and we do not find any perversity in the findings of acquittal so as to interfere. Thus, in our considered opinion, the Trial Court was justified in acquitting the accused and we are in complete agreement with the findings, ultimate conclusion and resultant order of acquittal recorded by the Court below and hence finds no reason to interfere with the same.
23. With the observations as aforesaid, the appeal is accordingly dismissed. The Registry is directed to send back the R & P to the Trial Court. Bail bonds are cancelled, if any, and surety is discharged.
(ILESH J. VORA,J) (R. T. VACHHANI, J) P.S. JOSHI Page 11 of 11 Uploaded by P.S. JOSHI(HC00177) on Mon Nov 10 2025 Downloaded on : Mon Nov 10 22:23:53 IST 2025