Gujarat High Court
Naynaben Ramjibhai Vaghela vs State Of Gujarat on 2 September, 2025
NEUTRAL CITATION
R/CR.A/734/2024 ORDER DATED: 02/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 734 of
2024
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NAYNABEN RAMJIBHAI VAGHELA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ARJUNDEV ZALA(10205) for the Appellant(s) No. 1
MR M M SHAIKIH(11314) for the Opponent(s)/Respondent(s) No.
2
MR UVESH M SHAIKH(11313) 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 : 02/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. Heard, learned counsel for the appellant and Mr. U. M. Shaikh, learned counsel for the respondent No. 2 and Ms. Krina Calla, learned Additional Public Prosecutor for the respondent No. 1 Page 1 of 6 Uploaded by HIREN MER(HC00351) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 22:31:35 IST 2025 NEUTRAL CITATION R/CR.A/734/2024 ORDER DATED: 02/09/2025 undefined
- State.
2. This appeal is coming on for admission before the Court today, which is filed against the judgment of acquittal dated 02.06.2023 passed in Sessions Case No. 213 of 2021 on the file of learned Additional Sessions Judge, City Sessions Court No. 19, Ahmedabad City. The second respondent is the sole accused in the said case. He was tried for the offences punishable under Sections 376, 376(2)(n), 341, 354(A)(1), 354(B), 354(D)(1), 294(b) and 506(1) of the Indian Penal Code, 1860 (IPC). Eventually, after trial, he was acquitted of all the said charges.
3. Briefly stated, it is the case of the prosecution that the prosecutrix is a major woman aged about 28 years old. She is also a married woman. It is stated that her husband has discarded her as some matrimonial disputes cropped up between both of them. Thereafter, she got acquaintance with the accused herein who is a stranger to her. It is stated that he would perform some rituals which help her to restore her marital relationship with her husband.
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Thereafter, she accompanied the accused voluntarily on five occasions to a hotel and they had sexual intercourse with each other. The PIN number of the bank account of the prosecutrix was also given to the accused and it appears that he has been withdrawing money from her account. So, when she questioned in this regard, it appears that some disputes and differences arose between the prosecutrix and the accused. When her brother questioned the accused in this regard, it is stated that he attacked him and attempted to kill him and a case under Section 307 of the IPC was registered against the accused on the report lodged by her brother. Thereafter, the prosecutrix lodged a report with the police alleging that the accused had committed rape on her.
3.1 In order to substantiate the charges that are levelled against the accused in the trial Court, the prosecutrix herself was examined as PW-1 and her brother was examined as PW-3. Other witnesses are all official witnesses who are the doctor and the police witnesses.
3.2 After considering the evidence on record and on appreciation
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NEUTRAL CITATION
R/CR.A/734/2024 ORDER DATED: 02/09/2025
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of the same, the trial Court found the accused not guilty of any of the charges levelled against him and acquitted him of the said charges. 3.3 The trial Court found that the prosecutrix had an affair with the accused and she voluntarily accompanied him to the hotel and indulged in extra marital relationship with him and as such, no case of rape, punishable under Sections 376, 376(2)(n) of the IPC or for any of the charges levelled against him is made out.
4. As can be seen from the facts of the case, admittedly, the prosecutrix is a married woman who is aged about 28 years. After she was discarded by her husband, she got acquaintance with the accused and it is clear that they both had an affair with each other. The very fact that she accompanied the accused on five occasions voluntarily to a hotel and had sexual intercourse with him in the hotel clearly shows that she had an affair with him and had voluntarily sexual intercourse with him with her own consent. Therefore, it cannot be said under any stretch of reasoning that the accused has committed rape or forcible sexual intercourse on her or Page 4 of 6 Uploaded by HIREN MER(HC00351) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 22:31:35 IST 2025 NEUTRAL CITATION R/CR.A/734/2024 ORDER DATED: 02/09/2025 undefined outraged her modesty. There is no evidence on record to prove the the charge under Section 294(b) of the IPC. The fact that she herself has given PIN number of her bank account to him shows the intimacy between both of them. So, she herself allowed him to withdraw the money by voluntarily furnishing the PIN number of her bank account. So, in the said facts and circumstances of the case, the trial Court rightly, on proper appreciation of evidence on record, held that no offence for the charges levelled against the accused was proved and has rightly acquitted the accused by recording a finding to that effect.
4.1 Upon considering the said evidence on record and on reappraisal of the same and after considering the facts and circumstances of the case, we are also of the firm view that it is a clear case of consent and not a case of commission of any rape against her by the accused. Therefore, the judgment of acquittal of the trial Court is perfectly sustainable under law and it warrants no interference in this appeal. No valid legal ground whatsoever is absolutely made out from the facts of the case to interfere with the Page 5 of 6 Uploaded by HIREN MER(HC00351) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 22:31:35 IST 2025 NEUTRAL CITATION R/CR.A/734/2024 ORDER DATED: 02/09/2025 undefined judgment of acquittal. So, no case is made out to even admit the appeal for hearing.
5. Upon considering the ground of appeal, the judgment of the trial Court and the evidence on record which is now placed along with this appeal, we have absolutely no hesitation to hold that it is a clear case for summarily dismissal of the appeal. Therefore, the appeal is dismissed summarily under Section 425 of the Bhartiya Nagarik Suraksha Sanhita, 2023. R&P be returned to the trial Court forthwith.
[ Cheekati Manavendranath Roy, J. ] [ D. M. Vyas, J. ] hiren/5tss2925 Page 6 of 6 Uploaded by HIREN MER(HC00351) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 22:31:35 IST 2025