Gujarat High Court
Ramilaben D/O Devayatbhai Markhibhai ... vs State Of Gujarat on 25 November, 2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 2356 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE D. M. VYAS
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Approved for Reporting Yes No
✔
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RAMILABEN D/O DEVAYATBHAI MARKHIBHAI HADIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. BAKUL S PANCHAL(3676) for the Appellant(s) No. 1
MS. MEGHA CHITALAYA ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 25/11/2025
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE D. M. VYAS)
1. Assailing the Judgment dated 24.10.2024 of the
learned 4th Additional Sessions Judge, Junagadh passed in
Sessions Case No. 33/19, whereby, respondent Nos.2 to 4
who are accused Nos.1 to 3 in the said case (hereinafter
referred to as A-1 to A-3) were acquitted for the offences
punishable under Sections 376, 498(a), 341, 323, 506(2)
and 114 of IPC against the impugned judgment, the instant
appeal has been preferred by the original
complainant/victim.
2. Briefly stated, the facts of the prosecution case are as
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follows:-
2.1 On 29.11.2018, the appellant/original
complainant and respondent No.2 entered into a love
marriage at Junagadh Municipal Corporation. Initially,
the relationship was cordial, but later, the respondents
started harassing the appellant. It is further alleged
that respondent No.2 pressurized her into giving
consent for divorce. Under extreme stress, a divorce
deed was executed on 08.04.2019 at Limda Chowk,
Junagadh.
2.2 The appellant was compelled to stay in the
matrimonial home against her will. Her movement and
freedom were restricted and she was always
accompanied by her mother-in-law and father-in-law.
The appellant/original complainant was detained in
the matrimonial home from 24.04.2019 to 10.05.2019
beyond her consent and under emotional and physical
concern. The appellant escaped and returned to her
parental home and disclosed the entire facts.
2.3 It is further stated that the appellant filed the
complaint and registered an FIR being FIR No. I-
69/2019 at Junagadh Police Station on 18.05.2019
against respondent Nos.2-4 for the above offences.
2.4 After completion of the investigation, the charge-
sheet came to be filed and since, the case is sessions
triable, the same was committed to the Sessions Court
for trial.
2.5 The trial took place in the Trial Court, the
prosecution has examined 23 witnesses and got
exhibited 34 documents. After considering the oral and
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documentary evidences, the learned Sessions Judge
found not guilty for any of the aforesaid charges
leveled against the accused and thereby, acquitted the
accused for the aforesaid charges.
2.6 Aggrieved thereby, as noticed (supra), the original
complainant has preferred the present appeal against
the said judgment of acquittal.
3. We have heard learned Advocate of the appellant at
length and also perused the impugned judgment, record
and proceedings and considered the evidence on record. The
prosecution has examined PW-1 appellant/victim vide
exhibit 22. Considering the ocular evidence of the victim, it
appears that marriage was solemnized between the victim
and A-1 on 29.11.2018 and thereafter, on 08.04.2019
executed a divorce deed and thereafter, she stayed with the
accused for a period of 15 days. At that time, without her
consent, accused compelled to make physical relationship
with A-1.
4. It is further stated that during this period, A-1 and the
victim engaged in physical relations on multiple occasions.
5. Considering the ocular evidence of the victim, the
undisputed facts are that the victim was a major and
married with A-1. Considering the conduct of the victim, her
evidence is not trustworthy and not inspired confidence.
6. Considering the findings recorded by the learned Trial
Court, that the victim has not obtained the divorce decree
from competent Court. The relation between the A-1 and the
victim as husband and wife. The prosecution has failed to
prove the facts that the divorce decree obtained form the
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competent Court and the findings recorded by the Trial
Court is just, proper and legal.
7. It is required to refer Section 375 of the IPC and
reproduced as under.
"Section 375. Rape"
A man is said to commit "rape" if he--
(a) penetrates his penis, to any extent, into the vagina, mouth,
urethra or anus of a woman or makes her to do so with him
or any other person; or
(b) inserts, to any extent, any object or a part of the body, not
being the penis, into the vagina, the urethra or anus of a
woman or makes her to do so with him or any other person;
or
(c) manipulates any part of the body of a woman so as to
cause penetration into the vagina, urethra, anus or any part
of body of such woman or makes her to do so with him or any
other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman
or makes her to do so with him or any other person,
under the circumstances falling under any of the following
seven descriptions:--
First.--Against her will.
Secondly.--Without her consent.
Thirdly.--With her consent, when her consent has been
obtained by putting her or any person in whom she is
interested, in fear of death or of hurt.
Fourthly.--With her consent, when the man knows that he is
not her husband and that her consent is given because she
believes that he is another man to whom she is or believes
herself to be lawfully married.
Fifthly.--With her consent when, at the time of giving such
consent, by reason of unsoundness of mind or intoxication or
the administration by him personally or through another of
any stupefying or unwholesome substance, she is unable to
understand the nature and consequences of that to which she
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gives consent.
Sixthly.--With or without her consent, when she is under
eighteen years of age.
Seventhly.--When she is unable to communicate consent.
Explanation 1.--For the purposes of this section, "vagina"
shall also include labia majora.
Explanation 2.--Consent means an unequivocal voluntary
agreement when the woman by words, gestures or any form
of verbal or non-verbal communication, communicates
willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to the
act of penetration shall not by the reason only of that fact, be
regarded as consenting to the sexual activity.
Exception 1.--A medical procedure or intervention shall not
constitute rape.
Exception 2.--Sexual intercourse or sexual acts by a man
with his own wife, the wife not being under fifteen years of
age, is not rape.
8. Considering the ocular evidence of the victim and the
plain reading of above provisions, the prosecution has failed
to prove the charges leveled against the accused. It is also
transpired that the allegations of mental and physical
torture are general in nature.
9. The learned Sessions Judge, after considering the
evidence on record and on proper appreciation of the same
arrived at a right conclusion and recorded a finding of
acquittal against A-1 to A-3.
10. Upon considering the said evidence on record, and
upon reappraisal of the same and after considering the
facts and circumstances of the case carefully, we absolutely
find no valid legal grounds warranting interference of this
Court with the said judgment of acquittal. The findings
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recorded by the Trial Court are not perverse.
11. Therefore, considering the provisions of Section 425 of
BNSS, there is no valid ground to Admit this appeal. Section
425 of the BNSS reads as under:-
"Section 425 -- Summary Dismissal of Appeal"
(1) If upon examining the petition of appeal and copy of the
judgment received under section 423 or section 424, the
Appellate Court considers that there is no sufficient ground for
interfering, it may dismiss the appeal summarily:
Provided that--
(a) no appeal presented under section 423 shall be
dismissed unless the appellant or his advocate has had a
reasonable opportunity of being heard in support of the same;
(b) no appeal presented under section 424 shall be
dismissed except after giving the appellant a reasonable
opportunity of being heard in support of the same, unless the
Appellate Court considers that the appeal is frivolous or that
the production of the accused in custody before the Court
would involve such inconvenience as would be
disproportionate in the circumstances of the case;
(c) no appeal presented under section 424 shall be
dismissed summarily until the period allowed for preferring
such appeal has expired.
(2) Before dismissing an appeal under this section, the Court
may call for the record of the case.
(3) Where the Appellate Court dismissing an appeal under
this section is a Court of Session or of the Chief Judicial
Magistrate, it shall record its reasons for doing so.
(4) Where an appeal presented under section 424 has been
dismissed summarily under this section and the Appellate
Court finds that another petition of appeal duly presented
under section 423 on behalf of the same appellant has not
been considered by it, that Court may, notwithstanding
anything contained in section 434, if satisfied that it is
necessary in the interests of justice so to do, hear and
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dispose of such appeal in accordance with law.
12. Resultantly, the appeal is dismissed at the admission
stage itself.
13. Record and proceedings be sent back forthwith to the
concerned Trial Court.
(N.S.SANJAY GOWDA,J)
(D. M. VYAS, J)
YASH ARORA
