Gujarat High Court
Thakor Anjliben Natuji Thro Thakor ... vs State Of Gujarat on 12 August, 2025
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R/CR.A/1368/2025 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1368 of 2025
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THAKOR ANJLIBEN NATUJI THRO THAKOR SUNIL CHHANAJI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR 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 : 12/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)
1. Challenging the judgment dated 27.11.2024 passed in
Special Case (POCSO) No.41 of 2024, on the file of learned 5 th
Additional Sessions Judge and Special Judge at Mehsana,
whereby the second respondent, who is the sole accused in the
case, was acquitted of the charges under Sections 354 (A), 376
and 506 (2) of the Indian Penal Code and under Sections 4 and
8 of the Protection of Children from Sexual Offences Act
(herein after referred to as "POCSO Act"), present appeal is
preferred by the guardian of the victim.
2. Outline facts of the prosecution case may be stated as
follows:-
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2.1 The victim was a minor girl at the time of alleged offence
aged about 17 years, 1 month and 16 days. Her parents are
labourers and they are eking out their livelihood by doing
labour work. On 25.5.2024, the parents of the victim went out
to attend their labour work. When she was alone in the house
she went to nearby field to answer the calls of nature. At that
time, at about 9.30 a.m. in the morning, when she was at the
field, it is stated that the accused forcibly took her to another
nearby field and had forcible sexual intercourse on her against
her will and thereby committed rape on her. The victim
returned to the house and informed about the incident to her
grandmother. Thereafter, her father, who is examined as PW-1
lodged a report with police relating to the said incident. The
said report was registered as a case under Sections 354 (A),
376 and 506 (2) of the Indian Penal Code and under Sections 4
and 8 of the POCSO Act. The case was investigated. The police
have referred the victim girl for medical examination. Initially,
she was examined by PW-4, who is a doctor. PW-4 found no
external or internal injuries on the body of the victim girl.
Therefore, she has referred the victim girl for examination by a
gynecologist. PW-5, who is a gynecologist, examined her. He
also did not find any external or internal injuries either on her
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body or on her private part. She opined that possibility of the
victim having recent sexual intercourse cannot be ruled out.
Medical certificate to that effect was issued both by PW-4 and
PW-5. The accused was arrested during the course of
investigation. The investigation officer has also examined the
scene of offence in the presence of the mediators and the
clothes of both the victim girl and the accused were seized by
the investigation officer in the presence of the mediators
during the course of the investigation. They were sent for
examination by the analyst to the Forensic Science Laboratory
but the report of Forensic Science Laboratory is not produced
by the investigation officer before the Court and the analyst is
also not examined. After completion of investigation, police
filed charge-sheet against the accused for the aforesaid
offences.
2.2 In the trial Court, after the accused made his appearance,
charges under Sections 4 and 8 of the POCSO Act and under
Sections 354 (A), 376 and 506 (2) of the Indian Penal Code
were framed against him. The charges were explained to the
accused and he denied the charges and claimed to be tried.
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2.3 During the course of trial, prosecution got examined PW-
1 to PW-6 witnesses and got marked 30 exhibits to
substantiate its case against the accused.
2.4 At the culmination of trial, after considering the evidence
on record and on appreciation of the same, the trial Court
found the accused not guilty for any of the charges that are
framed against him and thereby acquitted the accused of all
the said charges by the impugned judgment.
2.5 Aggrieved by the said judgment of acquittal, guardian of
the victim girl has preferred present appeal assailing the
legality and validity of the impugned judgment of acquittal.
3. When the appeal came up for hearing for admission, we
have called for the record and proceedings from the trial Court.
The record and proceedings has been received from the trial
Court. We have heard learned counsel for the appellant as well
as learned Additional Public Prosecutor for respondent no.1-
State. We have carefully gone through the record and
proceedings and the entire oral and documentary evidence
available on record. We have also perused the appeal grounds
and also the judgment of the trial Court.
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4. PW-3 is the victim girl, PW-1 and PW-2 are her parents,
PW-4 is the doctor, who initially examined the victim and PW-5
is a gynecologist, who also examined the victim and PW-6 is
the investigation officer. This is the only oral evidence that is
available on record to prove the case against the accused.
5. As can be seen from the evidence on record, and
particularly from the testimony of the victim girl, who is
examined as PW-3, she did not support the case of the
prosecution. She turned hostile and has shown her volte face
to the prosecution. We have carefully gone through her
evidence. She did not depose anything incriminating against
the accused stating that she went out of the house at about
9.30 a.m. in the morning to answer the calls of nature and that
the accused forcibly took her to the nearby field and had
forcible sexual intercourse on her and committed rape on her.
There is absolutely no whisper whatsoever in her evidence
regarding the said allegations, which are ascribed against the
accused. On the other hand, she has only stated in her
evidence that when she was alone in the house on that day
that the accused came to her house and demanded to repay
the money borrowed by her father, who is PW-1, from him and,
at that time, there was a quarrel between him and the victim
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girl. Except stating the said fact, nothing else was spoken to by
her relating to the alleged rape said to have been committed
on her by the accused. When the victim girl herself did not
support the case of the prosecution and did not speak anything
incriminating against the accused, it cannot be said that any
offence of rape was committed on her by the accused or that
he has committed any of the offences, as per the charges
levelled against him. Even her father, who is examined as PW-
1, who is the defacto complainant, who lodged the report with
the police, did not support the case of the prosecution. He also
turned hostile to the case of the prosecution. He also stated
that the accused came to his house and demanded his
daughter for payment of money, which was borrowed by him
from the accused and that there was a quarrel in this regard.
Similar is the evidence of PW-2, who is the mother of the victim
girl, she also did not speak anything incriminating against the
accused stating that he committed rape on her daughter. She
also gave the same version that the accused came to their
house and insisted for repayment of money borrowed from him
by the father of the victim girl. Thus, all the witnesses, PW-1 to
PW-3, completely turned hostile and did not support the case
of the prosecution.
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6. As regards the medical evidence on record is concerned,
PW-4, who is the doctor, who has examined the victim girl
initially, stated that he did not find any external or internal
injuries on the victim girl. He did not opine anything whether
the victim girl was subjected to any sexual intercourse or not.
He has only referred her to a gynecologist. PW-5 is a
gynecologist, who examined the victim girl. He also did not
find any external or internal injuries on the body of the victim
girl. He also did not find injuries on the private parts of the
victim girl. He did not give any positive opinion in specific
terms clearly stating that the victim girl was subjected to any
forcible sexual intercourse or that any rape was committed on
her. He only opined that the possibility of PW-1 having recent
sexual intercourse cannot be ruled out. That does not mean
that she was subjected to any forcible sexual intercourse or
rape. So there is no specific medical evidence on record to
prove that she was subjected to any forcible sexual intercourse
or rape.
7. Therefore, there is absolutely no evidence on record
whatsoever to prove that the accused has forcibly taken the
victim girl to the field and thereafter committed rape on her.
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8. Therefore, considering the said evidence on record, the
trial Court held that the prosecution failed to prove the guilt of
the accused as per the charges levelled against him and,
thereby acquitted him. We absolutely do not find any legal flaw
or manifest error of law in the impugned judgment of acquittal.
9. Learned counsel for the appellant vehemently contended
that the victim girl and her parents turned hostile as there was
a compromise during the course of trial and the accused
promised to pay money to her and, thereafter, did not pay any
money and because of the said compromise and promise to
pay money that the victim girl and her parents did not support
the case of the prosecution and they did not speak truth before
the trial Court. So on that ground, he prays to admit the appeal
for hearing. We absolutely do not find any merit in the said
contention. Further except making a bald assertion to that
effect, there is absolutely no evidence produced to establish
the fact that there was any such compromise and that the
accused made promise to pay money to them and thereafter
resiled from the said promise and because of the said reason
that PW-1 to PW-3 turned hostile to the prosecution case in the
trial Court.
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10. Further, the very defence set up by the accused in the
trial Court is that as PW-1, who is the father of the victim girl,
borrowed money from him and when he demanded PW-1 to
repay the borrowed money that he got the present case
foisted against him. The said defence taken by the accused
appears to be true from the evidence of PW-1 to PW-3. PW-3,
who is the victim girl, clearly deposed in her evidence that
when she was in the house that the accused came and
demanded to repay the amount borrowed by her father and
that there was a quarrel between them in this regard. PW-1
also admitted that the accused came to his house to demand
money borrowed by him. Therefore, it is evident that PW-1
borrowed money from the accused and as the accused
demanded to repay the said debt, that the present case is
foisted against him.
11. Learned counsel for the appellant further contended that
the panchas, in whose presence the scene of offence was
observed and the clothes of the victim girl and the accused are
seized, were not examined in the trial Court and if they are
examined in the trial Court, the truth would have been
unfolded and the case against the accused would have been
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established. We do not find any substance in the said
argument also. As can be seen from the record even though
the clothes of both the accused and the victim were sent for
examination to the Forensic Science Laboratory, no report
relating to said clothes was produced in the Court and the
analyst was also not examined in the trial Court. So when the
analyst report was not there, no useful purpose would be
served even if panch witnesses are examined in this case.
12. So, we absolutely do not find any valid legal ground
warranting interference with the impugned judgment of
acquittal. When the victim girl herself turned hostile and did
not support the case of the prosecution, no useful purpose
would be served even if the appeal is admitted and heard. No
ground is made out in this appeal by the appellant to admit the
appeal for hearing or to prove the case against the accused.
So, the appeal deserves dismissal summarily under Section
425 of Bharatiya Nagrik Suraksha Sanhita, 2023.
13. Resultantly, the appeal is dismissed at the admission
stage, after examining the appeal grounds, copy of the
judgment of the trial Court, record and proceedings and the
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evidence on record, confirming the impugned judgment of
acquittal dated 27.11.2024 passed in Special Case (POCSO)
No.41 of 2024, on the file of the learned 5th Additional Sessions
Judge and Special Judge at Mehsana. Record and Proceedings
be sent back to the concerned trial Court forthwith.
Sd/-
(CHEEKATI MANAVENDRANATH ROY, J)
Sd/-
(D. M. VYAS, J)
R.S. MALEK
