Gujarat High Court
Laxmiben W/O Shantilal Makwana vs State Of Gujarat on 22 July, 2025
NEUTRAL CITATION
R/CR.A/516/2025 ORDER DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 516 of
2025
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LAXMIBEN W/O SHANTILAL MAKWANA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DHWANI Y CHANDARANA(8383) for the Appellant(s) No. 1
MR. KULDEEP D VAIDYA(7045) 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 : 22/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY)
1. Heard, Ms. Dhwani Chandarana, learned counsel for the
appellant, Mr. Kuldeep D. Vaidya, learned counsel for the
respondent No. 2 and Ms. Krina Calla, learned Additional Public
Prosecutor for the respondent No. 1 - State.
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R/CR.A/516/2025 ORDER DATED: 22/07/2025
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2. This appeal is preferred against a judgment of acquittal of the
second respondent, who is the sole accused in Sessions Case No.
103 of 2017 on the file of learned Additional Sessions Judge,
Ahmedabad City, as per the judgment rendered dated 22.01.2025.
3. As per the facts of the prosecution case, the prosecutrix is a
major and a married woman of 51 years. She is also a mother of five
children. It is stated that she is an employee working in Ahmedabad
Municipal Corporation (AMC) and the accused is also an employee
working in the AMC. It is alleged that the accused has mixed some
stupefying drug in tea and offered it to the prosecutrix while working
in Umiyanagar area and she became unconscious. Thereafter, he has
taken her to an isolated place near a temple and had sexual
intercourse on her and committed rape on her. Thereafter also, he
has threatened her to reveal the incident to the co-employees and
others and thereby, took her to a hotel and booked a room in the
hotel in his name and in the name of his wife and had sexual
intercourse on her in the room of the hotel and accordingly, he had
sexual intercourse on her several times by threatening her. It is
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R/CR.A/516/2025 ORDER DATED: 22/07/2025
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stated that the accused has taken the thumb impression by force in
the register of the hotel even though she is a signatory.
4. One and a half years after the said incident, the prosecutrix
lodged the report with the police. It was registered as a case for the
offence punishable under Sections 376, 328 and 506(1) of the Indian
Penal Code, 1860 (IPC). The case was investigated and the Charge-
sheet was filed for the aforesaid offences against the accused.
5. Eventually, at the culmination of trial, the accused was
acquitted of all the said charges by the impugned judgment.
Aggrieved by the said judgment of acquittal, the prosecutrix has
preferred the present appeal.
6. We have carefully gone through the judgment of the trial
Court and the material papers available in the Record and
Proceedings and the Paper-book that is produced by the counsel for
the appellant. At the outset, it is to be noticed that the prosecutrix is
a fully grown up woman, aged about 51 years. She is married and
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R/CR.A/516/2025 ORDER DATED: 22/07/2025
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she is also a mother of five children. She is also an employee in the
AMC. The allegation that a stupefying drug was mixed in tea while
she was working in Umiyanagar area and it was given to her by the
accused and she lost consciousness and from there, the accused took
her to an isolated premises near a temple and committed rape on her,
is absolutely not believable at all. As per the admitted case of the
prosecutrix, she accompanied the accused on various occasions and
also to a hotel, and they had sexual intercourse. Though, it is stated
by her that she was threatened, it appears to be a concocted version.
A careful consideration of the facts clearly show that, it is clear case
of consent where she had consensual sexual intercourse with the
accused with her own volition and consent. There is absolutely no
evidence on record to prove that any stupefying drug was
administered to her and she lost her consciousness as alleged by her.
There is no medical evidence to that effect on record at all. In fact,
there cannot be such evidence as there is inordinate delay in lodging
the FIR. There is a delay of one and a half years. The explanation
offered by her to explain the said delay is that as she was under
threat and because of social stigma, she did not lodge the FIR
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R/CR.A/516/2025 ORDER DATED: 22/07/2025
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immediately. It also, is not believable and appears to be a concocted
story. Therefore, when a fully grown up woman of 51 years of age
and a married woman had accompanied the accused to a hotel and
had sexual intercourse in the said hotel, it cannot be said that it is a
case of rape and it is a clear case of consent. Therefore, after
considering the facts and circumstances of the case and the evidence
on record and proper appreciation of the same, the trial Court has
rightly recorded a finding of acquittal. We do not find any legal
flaw or infirmity in the said finding, warranting interference in this
appeal. We absolutely do not find any merit in the submissions
made by the learned counsel for the appellant and in the appeal
grounds so as to admit the appeal for hearing.
7. Therefore, the appeal is dismissed at the admission stage.
Notice is discharged. R&P be returned to the concerned trial Court
forthwith.
[ Cheekati Manavendranath Roy, J. ]
[ D. M. Vyas, J. ]
hiren/5tss22725
