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
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- 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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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
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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
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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
