Gujarat High Court
Jayrajsinh Ramsung Jadeja vs State Of Gujarat on 17 September, 2025
NEUTRAL CITATION
R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 2428 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE VIMAL K. VYAS Sd/-
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Approved for Reporting Yes No
✔
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JAYRAJSINH RAMSUNG JADEJA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS. N.N.SHAIKH for MR. N.V.PATHAN(5250) for the Appellant(s) No. 1
MS. ASMITA PATEL, APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 17/09/2025
ORAL JUDGMENT
1. The present appeal has been preferred by the appellant - convict (i.e. the original accused) under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and is directed against the judgment and order of conviction and sentence dated 11.09.2024 passed by the learned Special (POCSO) Judge and 2nd Additional Sessions Judge, Devbhoomi Dwarka at Khambhaliya, in Special (POCSO) Case No.01 of 2023. Page 1 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025
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2. By the aforesaid judgment and order of conviction, the present appellant-accused has been held guilty and convicted for the offences punishable under Sections 363, 366, 376 of the Indian Penal Code as well as under Sections 3(a), 4 and 18 of the Protection of Children from Sexual Offences Act, 2012, and consequently, the appellant-convict has been ordered to undergo sentence as under : -
Section Imprisonment Fine In default of
(Rs.) payment of fine
376 of IPC Rigorous Imprisonment 10,000 Simple Imprisonment
and 3(a), 4, for ten years for one year
18 of the
POCSO Act
363 of IPC Rigorous Imprisonment 2,500 Simple Imprisonment
for three years for six months
366 of IPC Rigorous Imprisonment 5,000 Simple Imprisonment
for five years for six months
CASE OF THE PROSECUTION :
3. The case of the prosecution, in a nutshell, is that on 28.12.2022 between 12:30 hours and 18:00 hours, the appellant-convict had lured and enticed away the minor daughter of the complainant aged about 16 years and 03 months under the fake promise of marrying her though he was knowing Page 2 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined that she was a minor, thereby abducting and kidnapping her from the lawful guardianship of the complainant with an ulterior motive to have illicit relationship with her, and ultimately, committed rape on the minor daughter of the complainant.
4. A complaint in this regard came to be filed by the complainant (i.e. the father of the minor victim girl) against the appellant-convict on 29.12.2022, which was registered as I-CR. No.11185004221384/2022 before the Khambhaliya Police Station, District Devbhoomi Dwarka, for the offences punishable under Sections 363, 366, 376 of the Indian Penal Code as well as under Sections 3(a), 4 and 18 of the Protection of Children from Sexual Offences Act, 2012.
5. After the registration of the FIR, the Investigating Officer carried out the investigation, and during the investigation, the statements of the relevant witnesses conversant with the alleged offence were recorded, necessary panchnamas were drawn, several documentary evidence were collected, and after having found adequate evidence against the present appellant-convict, he was arrested and a charge-sheet came to be filed on 21.01.2023.
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6. The Charge was framed on 19.08.2023 vide Exh.4 against the appellant-convict for the offences punishable under Sections 363, 366, 376 of the Indian Penal Code as well as under Sections 3(a), 4 and 18 of the Protection of Children from Sexual Offences Act, 2012, whereupon the accused pleaded not guilty and claimed to be tried.
7. To bring home the charge, the prosecution had examined 11 witnesses and adduced 34 documentary evidence in support of its case, which are as follows :
WITNESSES WITNESS NAME EXH.1. Victim - Herself 06 2. Father of the victim - Complainant 10 3. Dr.Samat Hardasbhai Ambaliya, who had 12
conducted physical examination of the victim and the accused.
4. Dr.Sanjay Ratabhai Rathod, who had conducted 22 preliminary examination of the victim.
5. Chandrakant Kanjibhai Kaku, Panch-witness of 25 the seizure of clothes of the accused.6. Jivanlal Bhikhabhai Dagra, Head Clerk, 29
Khambhaliya Nagarpalika.
7. Nileshbhai Hardasbhai Gojiya, Panch-witness of 33 the scene of offence.
8. Prafulbhai Premjibhai Jadav, Panch-witness of 36 Page 4 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined the seizure of clothes of the victim.
9. Devanandbhai Bharamalbhai Gadhvi, P.S.O. who 39 registered the FIR.10. Dr.Devanshi Hanumantsinh Jadeja, who 45
conducted sonography test of the victim.
11. Digvijaysinh Mahendrasinh Jhala, Investigating 51 Officer DOCUMENTARY EVIDENCE NO. DETAILS EXH.
1. Statement under Section 164 of the Cr.P.C. 07 2. Original Complaint 11
3. Yadi for carrying out the medical examination of 13 the victim 4. O.P.D. case-papers of the victim 14
5. Report of carrying out the preliminary medical 15 and gynaec examination of the victim
6. Copy of the form regarding the samples collected 16 of the victim 7. M.L.C. certificate of the victim 17 8. Yadi sent for the medical examination and 18 collection of necessary samples of the accused 9. O.P.D. case of the accused 19
10. M.L.C. certificate regarding medical examination 20 of the accused
11. Collection form of the samples of the accused 21 12. O.P.D. case of the victim 23
13. Arrest Panchnama and Seizure Panchnama of 26, the clothes worn by the accused at the time of 27, commission of offence and Panchslips 28
14. Yadi sent to the Chief Officer, Khambhaliya 30 Nagarpalika for obtaining certified copy of the birth certificate of the victim Page 5 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined 15. Birth Certificate of the victim 31 16. Original Birth-Death Register of the 32 Khambhaliya Nagarpalika 17. Panchnama of the scene of offence 34
18. Seizure Panchnama of the clothes worn by the 37 victim at the time of offence 19. Official Order calling for the panch 38
20. Certified copy of the Station Diary Entry 40 No.23/22
21. Yadi sent to Police Inspector Shri D.M.Zala to 41 take charge of the investigation papers.
22. Report sent to the superior officer regarding the 42 serious offence 23. Wireless Message 43
24. Examination Report of the Sonography of the 46 victim
25. Yadi prepared by the Khambhaliya Police Station 47 addressing the department
26. O.P.D. Case of the victim, M.L.C. paper and the 48 Yadi by the Gynecologist referring for registering to the case and referring the victim to the 50 Radiologist Department
27. Report submitted to Hon'ble Special (POCSO) 52 Court, Khambhaliya, for addition of section
28. Yadi sent to the District Officer, Women and 53 Child Development Department, Devbhoomi Dwarka, for allotting Government panchas.
29. Yadi sent to the District Development Officer, 54 District Panchayat Office, Devbhoomi Dwarka, for allotting Government panchas.
30. Order passed directing the District Health 55 Officer, District Panchayat, Devbhoomi Dwarka, to allot two panchas
31. Yadi sent to the Additional Chief Judicial 56 Magistrate, Dwarka, for recording the statement of the victim under Section 164 of the Cr.P.C.Page 6 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025
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34. Yadi of the examination of the muddamal along 59, with the Forwarding Letter by the F.S.L. Rajkot 60 and the Examination Report of the Biological and Serological Department
8. After completion of the evidence, the further statement of the appellant-convict was recorded under Section 313 of the Code of Criminal Procedure and the appellant-convict had explained the incriminating circumstances that he is innocent and falsely implicated in the alleged offence.
9. On completion of the trial, the trial court found the appellant-accused guilty of the charge for the offences punishable under Sections 363, 366, 376 of the Indian Penal Code as well as under Sections 3(a), 4 and 18 of the Protection of Children from Sexual Offences Act, 2012, and consequently, the appellant-convict was sentenced to suffer rigorous imprisonment for ten years, vide judgment and order dated 11.09.2024 passed by the learned Special (POCSO) Judge and 2nd Additional Sessions Judge, Devbhoomi Dwarka at Khambhaliya, in Special (POCSO) Case No.01 of 2023.
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10. While holding the appellant-convict guilty of the alleged offence, the trial court observed that the prosecution had proved the case against the appellant-convict beyond reasonable doubt through cogent and convincing evidence of the victim (PW-1) as well as the father of the victim (PW-2), which were in corroboration with the medical evidence and forensic evidence as well as the documentary and ocular evidence of other witnesses.
11. Being aggrieved and dissatisfied with the judgment and order of conviction and sentence passed by the trial court, the appellant-convict has preferred the present appeal before this Court.
SUBMISSIONS ON BEHALF OF THE APPELLANT-ACCUSED:
12. Learned advocate Ms.N.N.Shaikh for Mr.N.V.Pathan, learned advocate appearing for the appellant-convict has vehemently and fervently contended that the entire case of the prosecution is false and fabricated. It is submitted that the entire case of the prosecution is based upon the evidence of the victim, which is not at all reliable and trustworthy, and the same Page 8 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined cannot be said to be of sterling quality as the same suffers from material contradictions and is doubtful.
13. Learned advocate Ms.Shaikh, while referring to the evidence of the Medical Officers (PW-3) Dr.Samat Ambaliya and (PW-4) Dr.Sanjay Rathod along with the medical reports and the MLC Certificates at Exhibits-14, 15 and 23, has submitted that the victim girl had narrated two conflicting versions of the incident before the Medical Officers during her medical examination. Furthermore, the conjoint reading of her evidence at Exh.6, her statement recorded by the Magistrate under Section 164 of the Cr.P.C. at Exh.7 and the history narrated by her regarding the incident before both the Medical Officers raises serious doubt about the credibility of the version of the prosecution. Therefore, it is submitted that the same could not have been relied upon by the trial court while convicting the appellant-accused. It is also submitted that the evidence of the victim cannot be said to be in corroboration with the medical evidence as there was no evidence of any slightest injury on the person of the victim. Ms.Shaikh has vociferously submitted that even from the FSL and serological report, no incriminating evidence had come forth against the appellant-convict. Page 9 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025
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14. Considering the aforesaid, learned advocate Ms.Shaikh has urged that the judgment of the trial court is required to be interfered with and has also implored the court to allow the present appeal, set-aside the impugned judgment and direct the acquittal of the appellant-convict from the charges levelled against him.
SUBMISSIONS ON BEHALF OF THE RESPONDENT-STATE :
15. Vehemently opposing the present appeal and the submissions advanced by learned advocate Ms.N.N.Shaikh for the appellant-convict, learned APP Ms.Asmita Patel appearing for the respondent-State has submitted that the judgment and order of conviction and sentence passed by the trial court do not call for any interference by this Court since the trial court, after appreciating the entire evidence on record; both, ocular and documentary, has convicted the present appellant for the charges levelled against him. Ms.Patel has submitted that the prosecution has proved all the essential elements of the alleged offence through cogent and convincing evidence. Page 10 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025
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16. Learned APP Ms.Patel has submitted that ordinarily the evidence of the victim should not be doubted and should be believed, and if the evidence is reliable, no corroboration is necessary. Learned APP Ms.Patel, while taking this Court to the entire evidence on record, has submitted that in the case on hand, the prosecution has proved beyond reasonable doubt with substantive and reliable evidence that at the time of the incident, the victim girl was aged about 16 years and 03 months. Furthermore, it has also been established through credible evidence of the victim that the accused had lured her under a fake promise of marriage, took her to his farmhouse and then developed physical relationship with her. It is submitted that in the instant case, the evidence of the victim is reliable and trustworthy, therefore, the same have rightly been relied upon by the trial court while convicting the appellant-accused. It is submitted that the medical evidence, forensic evidence as well as the ocular evidence and the evidence of all other witnesses are in corroboration with the evidence of the victim. Thus, learned APP Ms.Patel has urged that the conviction and sentence recorded by the trial court do not call for any interference by this Court and, therefore, the appeal may be dismissed.
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NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined FINDINGS AND ANALYSIS :
17. Before adverting to the facts and circumstances of the case, it would be apt to reiterate the fundamental principle of criminal jurisprudence as affirmed by the highest court that, in criminal trial, it is for the prosecution to bring home the guilt of the accused since the burden of proving the guilt beyond reasonable doubt always rests upon the prosecution. It is also settled that the prosecution has to stand on its own legs and cannot take advantage or undue advantage of the defence put forth by the accused. The Supreme Court, in the case of Rabindra Kumar Dey vs. State of Orissa, AIR 1977 SC 170, reiterated three cardinal principles, namely, (i) that the onus lies affirmatively on the prosecution to prove its case beyond reasonable doubt, and it cannot derive any benefit from weakness or falsity of the defence version while proving its case;
(ii) that in a criminal trial the accused must be presumed to be innocent unless he is proved to be guilty; and (iii) that the onus of the prosecution never shifts. Thus, it is well-settled that in criminal trial, the guilt of the accused must be proved beyond reasonable doubt in order to convict him.
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18. The Supreme Court, in the case of State of Uttar Pradesh vs. Krishna Gopal, reported in (1988) 4 SCC 302, has held that the person has, no doubt, profound rights not to be convicted of an offence, which is not established by the evidential standard of proof beyond reasonable doubt.
19. Bearing in mind the aforesaid legal position, this Court has considered the submissions advanced by the respective parties and carefully perused the materials produced on record along with the impugned judgment of the trial court.
20. It is the case of the prosecution that on 28.12.2022 between 12:30 hours and 18:00 hours, the appellant-convict had lured and enticed away the minor daughter of the complainant aged about 16 years and 03 months under the fake promise of marrying her though he was knowing that she was a minor, thereby abducting and kidnapping her from the lawful guardianship of the complainant with an ulterior motive to have illicit relationship with her, and ultimately, kept her for three days between 28.12.2022 and 31.12.2022 at his farmhouse and committed rape on her.
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21. Considering the aforementioned case of the prosecution, it becomes imperative for the prosecution to prove two essential elements :
(i) that the victim was a minor aged about 16 years and 3 months on the day of the alleged incident, and
(ii) that the appellant-accused, despite knowing that the victim was a minor, lured her under a pretext of marriage with the intent to establish an undesirable sexual relationship, took her to his farm, where he kept her for three days, and had committed sexual intercourse with the victim.
22. With respect to point no.(i), the testimony of the complainant (PW-2), who is the father of the victim, holds a significant value. In his evidence at Exh.10, he had stated that he has four children, out of which three are daughters and one is son, and the victim is the youngest of his daughters. He had also stated that the birth of his children were duly registered with the municipal authority and regarding the age of the victim, he had testified that she was born on 19.09.2006 at Thakkar Hospital, Jam-Khambhaliya. To substantiate the evidence of the complainant, the prosecution has examined one Jivanlal Page 14 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined Bhikhabhai Dagra (PW-6), Head Clerk of Khambhaliya Municipality. During his examination, this witness had produced the birth certificate of the victim at Exh.31 and the abstract of birth and death register at Exhibit 32. The ocular evidence of this witness, corroborated by the aforesaid documentary evidence, leaves no doubt about the fact that the victim was born on 19.09.2006 at Thakkar Hospital, Khambhaliya. This evidence strongly supports the complainant's version regarding the age of the victim. Now, regarding the incident, the complainant (PW-2), in his evidence at Exh.10, has stated that on 28.12.2002, while he was at his fabrication shop, he received a phone call from his wife at around 6:30 pm, informing him that their daughter (i.e. the victim), who had left for school at approximately 12:30 pm has not returned home. Therefore, he had contacted the school and was informed by the teachers that the victim had not attended the school at all on that day. Despite making enquiries around the neighbourhood and checking with the relatives, they were unable to locate her whereabouts, which prompted them to file a police complaint. He further stated that the victim had left home wearing a blue-colour kurti, cream-colour legging and a black-colour sweater and was also carrying a school bag. His complaint is produced at Exh.11. During the cross-examination, Page 15 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined the complainant had elicited that the victim had been using Instagram around the time of the incident.
23. So far as the point no.2 is concerned, the only worthwhile evidence produced before the court by the prosecution is the deposition of the victim herself.
24. It is settled that in the case of rape, the testimony of the victim is very crucial piece of evidence to prove the case against the accused, and if the evidence of the victim is found to be of sterling quality, then there is no requirement under law to insist for further corroboration. However, the court is not required to accept the testimony of the victim if the same is improbable and doubtful. It cannot be taken as a gospel truth in all circumstances and with no exception. It is submitted that if the evidence of the victim woman on its face value appears to be doubtful, the court has to look for the corroboration, and if two views are possible on the evidence adduced by the prosecution, the view which is favourable to the accused should be adopted. (See Rajoo and others vs. State of Madhya Pradesh, reported in AIR 2009 SC 858 and Kali Ram vs. State of Himachal Pradesh, reported in AIR 1973 SC 2773 as well as of this Court in the case Page 16 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined of State of Gujarat vs. Farukhbhai Ahmedbhai Shaikh, reported in (1997) 2 GLR 1400)
25. Similar ratio has been laid down by the Supreme Court in the case of State of Punjab vs. Gurmit Singh, reported in (1996) 2 SCC 384, wherein the Supreme Court observed thus :
"If evidence of the prosecutrix inspires confidence, it must be relied upon without seeking corroboration of her statement in material particulars. If for some reason the court finds it difficult to place implicit reliance on her testimony, it may look for evidence which may lend assurance to her testimony, short of corroboration required in the case of an accomplice. The testimony of the prosecutrix must be appreciated in the background of the entire case and the trial court must be alive to its responsibility and be sensitive while dealing with cases involving sexual molestations."
26. This was reiterated by the Supreme Court in the case of Sadashiv Ramrao Hadbe vs. State of Maharashtra and another, reported in (2006) 10 SCC 92, as under :
"It is true that in a rape case the accused could be convicted on the sole testimony of the prosecutrix, if it is capable of inspiring confidence in the mind of the court. If the version given by the prosecutrix is unsupported by Page 17 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined any medical evidence or the whole surrounding circumstances are highly improbable and belie the case set up by the prosecutrix, the court shall not act on the solitary evidence of the prosecutrix."
27. In the case of Tameezuddin alias Tammu Versus State (Government of NCT of Delhi), reported in (2009)15 SCC 566, the Supreme Court has held as under :
"It is true that in a case of rape the evidence of the prosecutrix must be given predominant consideration, but to hold that this evidence has to be accepted even if the story is improbable and belies logic, would be doing violence to the very principles which govern the appreciation of evidence in a criminal matter."
28. Recently in the case of State (NCT of Delhi) vs. Vipin alias Lalla (Criminal Appeal 94 of 25), the Supreme Court has observed thus :
"10. Although it is absolutely true that in the case of rape, conviction can be made on the sole testimony of the prosecutrix as her evidence is in the nature of an injured witness which is given a very high value by the Courts. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining such a witness and thus the testimony of such a witness must inspire confidence of the Page 18 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined Court. The testimony of the prosecutrix in the present case thus has failed to inspire absolute confidence of the Trial Court, the High Court and this Court as well."
29. Bearing in mind the aforesaid settled legal position, if the evidence of the victim is read in conjunction with the medical evidence as well as the FSL evidence produced by the prosecution, the entire events narrated by the prosecution appears to be doubtful. It also becomes clear that the incident did not occur in the manner alleged by the prosecution, therefore, the evidence put forward by the prosecution cannot be considered wholly trustworthy. It is the case of the prosecution that the victim, a minor girl, left home for school at around 12.30 pm on 28.12.2022 carrying only a school bag. The accused allegedly picked up her from the school on his bike, took her to his farm at village Sonardi, where they stayed together for three days (i.e. from 28.12.2022 till 31.12.2022). It is alleged that during the said period, the accused had once developed physical relationship with the victim girl.
30. Before evaluating the evidence of the victim, it is essential to outline the sequence of events with the relevant dates. According to the prosecution, on 28.12.2022, the victim left Page 19 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined home for school carrying only a school bag. When she did not return home and could not find despite efforts made for her search, a complaint was filed by the father of the victim at the Khambhaliya Police Station on 29.12.2022. During the course of the investigation, in the early morning hours on 31.12.2022, the victim was found with the accused from his farm situated at village Sonardi. Both the victim and the accused were brought to the police station, where the victim's statement was recorded. Thereafter, both of them were taken to the scene of incident, where a panchnama of the scene of offence was drawn, and a blanket was seized therefrom. On the same day, that is on 31.12.2022, the medical examination of both the victim and the accused was conducted, necessary biological samples were collected and the clothes worn by both the victim and the accused at the time of the incident were also seized. Thus, the investigation was substantially concluded on 31.12.2022. Subsequently, on 06.01.2023, the victim's statement under Section 164 of the Cr.P.C. was recorded before the Magistrate. It is also noteworthy that after receiving the FSL reports etc., charge-sheet against the accused was submitted on 21.01.2023, which came to be registered on 23.01.2023 and the victim's testimony was recorded on 20.10.2023.
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31. As per the evidence on record, the victim was initially examined by the Medical Officer (PW-3) Dr.Samat Ambaliya. While giving history about the incident before the doctor, the victim stated that on 28.12.2022 (i.e. on Wednesday), the accused had enticed her under a pretext of marriage and took her to his farm on the bike against her will and had developed physical relationship with her against her consent. During her medical examination, no sign of injury or abrasion was noticed on her person. The MLC certificate and the examination report in this regard is produced at Exh.15. In the said certificate, the Medical Officer (PW-3) Dr.Samat Ambaliya has clearly opined that, "from this examination, it cannot be said with confirmation that any forceful sexual intercourse has happened". The victim was later examined by an expert Gynecologist (PW-4) Dr.Sanjay Rathod. As per the deposition of the Gynecologist Dr.Sanjay Rathod, the victim stated the history before the doctor that on 28.12.2022, she had been with the accused at his farmhouse at village Sonardi, Taluka Khambhaliya for about five and a half hours between 12:30 pm to 6:00 pm and the accused had once developed physical relationship with the victim against her consent. During her physical examination, no sign of injury, Page 21 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined abrasion or redness was noticed on the person or on the private parts of the victim and the victim did not complain of any pain. The MLC case papers and the examination report in this regard have been produced at Exh.23. However, from the certificate as well as the examination report, it appears that regarding the incident, the victim has given history before the doctor that on 28.12.2022, she had been with the accused at his farmhouse at village Sonardi for about five and a half hours between 12:30 pm to 6:00 pm, and during this period, both of them had developed physical relationship once. This seems to be quite contradictory to the oral testimony of the doctor, since in the examination report, nowhere it has been mentioned that the accused had developed physical relationship against her consent. Further, in the examination report, this witness has specifically opined that, "from this examination, it cannot be said with confirmation that any forceful sexual intercourse has happened".
32. It is crucial to note at this juncture that despite the medical certificates clearly suggesting about the opinion as mentioned above, the trial court has recorded it in a vernacular language in the testimony of the Medical Officer (PW-4) Dr.Sanjay Rathod as follows :
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NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined "મારા અભિપ્રાય મુજબ તેણીની સાથે ફોર્સફુલ શરીર સંબંધ બંધાયાની શક્યતા નકારી શકાય નહિ"
The literal translation of the above sentence in English reads thus :
"In my opinion, the possibility of forceful sexual intercourse with her cannot be ruled out."
33. This appears factually incorrect and a misrepresentation of the facts. It is always expected of the trial court to exercise caution and to take due diligence while recording the evidence.
34. In this context, the statement of the victim recorded by the Magistrate under Section 164 of the Cr.P.C. is also required to be considered. The victim, in her statement at Exh.7, has stated that she was knowing the accused through social media. The accused enticed her under a pretext of marriage and took her to his farm at village Sonardi, which is at a short distance from his house, and upon verifying her documents, the accused told her that she was underage for marriage, and thereafter, he had even developed physical relationship with her once under the pretext of marriage. Subsequently, her parents arrived and took her back home. Thereafter, nothing else had happened beyond this. Page 23 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025
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35. Now, in the same context, if we consider the testimony of the victim at Exh.6, she stated that she knew the accused through social media and received a friend request from the accused on Instagram, which she readily accepted, and they started talking with each other on the mobile phone as friends. On 26.12.2022, when she made a phone call to the accused, he told her that he would come to Khambhaliya within two days and asked her to keep the documents ready so that they can elope and get married. On 28.12.2022, the victim left home for school and the accused came to her school and took her to his farm at village Sonardi on bike, where the accused expressed his desire to marry her and had even developed physical relationship with the victim behind the bushes, where a blanket was laid on the ground. However, on verifying her documents, when the accused realized that the victim was underage, he told her that they could not marry right now but would do so once she attains the majority. The victim, thereafter, stayed with the accused at his farm for three days. On 31.12.2022, the police arrived at the farm, took both of them to Khambhaliya Police Station, seized the blanket from the scene of the offence and conducted the medical examination of the victim and later on recorded her Page 24 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined statement before the Magistrate. The victim identified her clothes and the blanket seized by the police.
36. Upon careful evaluation of the aforementioned evidence, it becomes clear that the victim and the accused had established friendship through social media. They used to communicate with each other through mobile phone and had mutually decided to get married. It is also evident that the victim herself had called the accused on phone two days prior to the incident, i.e. on 26.12.2022. In accordance with their prior mutual arrangement, on 28.12.2022 (i.e. on the day of the incident), the victim left home under a pretense of going to school, carrying documents related to her age in her school bag. She then voluntarily accompanied the accused on his motorcycle to his farm. This sequence of events clearly indicates that the relationship between the two was consensual. Moreover, from the evidence of both the Medical Officers (PW-3) Dr.Samat Ambaliya and (PW-4) Dr.Sanjay Rathod, it is evident that the history given by the victim to both these Medical Officers in relation to the incident is inconsistent and contradictory. Even, during her medical examination, no external or internal injury, abrasion, redness or struggle mark was noticed on the person of the victim. Page 25 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025
NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined Consequently, both the Medical Officers independently reached at the same conclusion that from the medical examination of the victim, it cannot be said with confirmation that any forceful sexual intercourse has happened. Upon evaluating the conduct of the victim and the credibility of the evidence produced by the prosecution, it is noteworthy that the victim has stated before Dr.Samat that on the day of the incident (i.e. on 28.12.2022), the accused took the victim to his farmhouse against her will and had developed physical sexual relationship with her without her consent. However, at no point of time, she had stated that she remained at the farmhouse of the accused for a period of 3 days (i.e. from 28.12.2022 to 31.12.2022). This is significant because the prosecution's case is premised on the fact that the victim stayed at the farm of the accused continuously from 28.12.2022 to 31.12.2022. It is also noteworthy that before the expert Gynecologist (PW-4) Dr.Sanjay Rathod, the victim had stated completely a different story. She had stated that she had, in fact, gone with the accused to his farm at village Sonardi on 28.12.2022 and remained there only for about five and a half hours (i.e. between 12:30 pm to 6:00 pm), and during this period, they had once developed physical relationship. It is clear that the facts she had stated to both these witnesses are Page 26 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined completely contradictory and are inconsistent, which raises questions about the veracity of her statement.
37. The prosecution has produced the panchnama of the place of incident at Exh.34. It reveals from the said panchnama that the alleged offence took place at the farm of the accused. However, considering the panchnama, it appears that there is no any permanent structure or house in the farm as referred to by the victim in her evidence. According to the prosecution, the victim and the accused spent three consecutive days and nights from 28.12.2022 to 31.12.2022 during the chilled winter at the farm amongst the bushes. However, except one blanket, the Investigating Officer has not found any evidence therefrom which suggests that both the victim and the accused had spent three consecutive days and nights there. It is also significant to note that one Asapura Petrol-pump is located on the road just opposite to the farm of the accused. Nevertheless, the police made no attempts to collect any CCTV footage from the surrounding area to the said petrol-pump.
38. As noted earlier, it is the case of the prosecution that on the third day of the incident (i.e. on 31.12.2022 in the morning), Page 27 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined the police had found both the victim and the accused from the farm of the accused. On the same day, the panchnama of the place of the incident was drawn, and one blanket was seized therefrom. Thereafter, the medical examination of both the victim and the accused was carried out, necessary biological samples were collected and the clothes allegedly worn by both the accused and the victim at the time of the alleged incident were also seized. It is significant to note that upon analysis of the FSL report, no incriminating evidence was found from the seized articles and the samples. Shockingly, it also appears from the evidence that the clothes seized by the police do not match with the one allegedly worn by the victim at the time of the incident. As per the testimony of the complainant at Exh.6 and the original complainant at Exh.7, the victim was wearing a blue-colour kurti, cream-colour legging and a black-colour sweater at the time of the incident. However, as per the panchnama at Exh.37, a mehdi-colour kurti, cream-colour legging and a blue-colour nicker were seized from the victim. Moreover, the FSL report mentions a green-colour kurti, cream- colour legging and a blue-colour nicker, which do not match with as described by the complainant. It is also noteworthy that according to the prosecution's case, the victim was found on the Page 28 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined third day of the incident wearing the same colour clothes she had worn when she had left the home. However, in her statement recorded under Section 164 of the Cr.P.C., the victim stated that on the very same day of the incident, her parents had brought her home from the farm of the accused. Moreover, the victim has stated before the Medical Officer (PW-4) Dr.Sanjay Rathod that she stayed at the farm of the accused for about five and a half hours only and the medical examination report at Exh.15 also mentions that the victim had changed her clothes on 30.12.2022 at 10:00 pm. On conjoint reading of all the aforesaid evidence raises a significant doubt about the credibility of the prosecution's version of the events and the evidence produced by them. The evidence of the victim if read as a whole along with the medical evidence as well as the forensic evidence and also considering her conduct, the same does not inspire confidence.
39. The Supreme Court, in the cases of Jogi and others vs. State of M.P., reported in (2021) 4 CriCC 524; Padam Singh vs. State of Uttar Pradesh, reported in (2000) 1 SCC 621; Amar Sardar vs. State of West Bengal, reported in 2024 INSC 1040; State of Punjab vs. Gurmit Singh, reported in (1996) 2 SCC Page 29 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined 384; Sadashiv Ramrao Hadbe vs. State of Maharashtra and another, reported in (2006) 10 SCC 92; and Tameezuddin alias Tammu Versus State (Government of NCT of Delhi), reported in (2009)15 SCC 566, has made it clear that in the case of rape, the conviction can be made on the sole testimony of the prosecutrix as her evidence is in the nature of an injured witness, which is given a very high value by the court, but, nevertheless, when a person can be convicted on the testimony of a single witness, the courts are bound to be very careful in examining such a witness and, thus, the evidence of the prosecutrix must be of sterling quality.
40. The Supreme Court, in the case of Rai Sandeep @ Deepu vs. State (NCT of Delhi), reported in (2012) 8 SCC 21, has held that sterling witness should be of a very high quality and caliber whose version should, therefore, be unassailable. The court considering the version of such witness should be in a position to accept it for its face value without any hesitation. To test the quality of such a witness, the status of the witness would be immaterial and what would be relevant is the truthfulness of the statement made by such a witness. The relevant paragraph is reproduced herein below :
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NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined "15. In our considered opinion, the 'sterling witness' should be of a very high quality and caliber whose version should, therefore, be unassailable. The Court considering the version of such witness should be in a position to accept it for its face value without any hesitation. To test the quality of such a witness, the status of the witness would be immaterial and what would be relevant is the truthfulness of the statement made by such a witness. What would be more relevant would be the consistency of the statement right from the starting point till the end, namely, at the time when the witness makes the initial statement and ultimately before the Court. It should be natural and consistent with the case of the prosecution qua the accused. There should not be any prevarication in the version of such a witness.
The witness should be in a position to withstand the cross- examination of any length and strenuous it may be and under no circumstance should give room for any doubt as to the factum of the occurrence, the persons involved, as well as, the sequence of it. Such a version should have co-relation with each and everyone of other supporting material such as the recoveries made, the weapons used, the manner of offence committed, the scientific evidence and the expert opinion. The said version should consistently match with the version of every other witness. It can even be stated that it should be akin to the test applied in the case of circumstantial evidence where there should not be any missing link in the chain of circumstances to hold the accused guilty of the offence alleged against him. Only if the Page 31 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025 NEUTRAL CITATION R/CR.A/2428/2024 JUDGMENT DATED: 17/09/2025 undefined version of such a witness qualifies the above test as well as all other similar such tests to be applied, it can be held that such a witness can be called as a 'sterling witness' whose version can be accepted by the Court without any corroboration and based on which the guilty can be punished. To be more precise, the version of the said witness on the core spectrum of the crime should remain intact while all other attendant materials, namely, oral, documentary and material objects should match the said version in material particulars in order to enable the Court trying the offence to rely on the core version to sieve the other supporting materials for holding the offender guilty of the charge alleged."
41. In the instant case, the evidence of the victim, if read as a whole along with the medical and the forensic evidence, as well as considering the conduct of the victim, the same does not inspire confidence. Further, the sequence of events put forward by the prosecution and the evidence produced in that regard also raises significant doubt about the story narrated by the prosecution.
42. On the facts and in the circumstances of the case as well as for the reasons stated herein above, the appeal succeeds and the same is hereby allowed.
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43. The impugned judgment and order of conviction and sentence dated 11.09.2024 passed by the learned Special (POCSO) Judge and 2nd Additional Sessions Judge, Devbhoomi Dwarka at Khambhaliya, in Special (POCSO) Case No.01 of 2023, is hereby quashed and set-aside. The appellant-convict shall be set at liberty forthwith, if not required in any other case.
44. Bail bonds shall stand cancelled. The amount of fine, if any, paid by the appellant-convict shall be refunded to him.
(VIMAL K. VYAS, J.) /MOINUDDIN Page 33 of 33 Uploaded by M.A. SAIYED(HC00172) on Wed Sep 17 2025 Downloaded on : Thu Sep 18 00:18:47 IST 2025