Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1176 (GUJ)

State of Gujarat v. Vijaykumar Jayantilal Shah

2017-07-03

ANANT S.DAVE, R.P.DHOLARIA

body2017
ORDER : ANANT S. DAVE, J. 1. This application is preferred by the State of Gujarat-applicant-appellant in a proposed appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973, seeking leave to appeal against the judgment and order of acquittal dated 20.01.2017, recorded by the learned 4th Additional Sessions and Special Judge, Gandhinagar, in Special Atrocity Case No. 24 of 2009. 2. In the backdrop of prosecution case, the complainant hailing from scheduled castes filed present complaint against two accused persons, inter alia, stating that she has three children and working as an agent in Life Insurance Corporation and in Small Savings Scheme of Central Government and Postal Authority and came into contact with accused No. 1 who assured and promised her to provide job and asked for Rs. 76,000/- for that purpose. According to the complainant, when she visited house of the accused, only accused No. 1 was present there and he prepared tea for her and after having the tea, the complainant got fainted and later on, when she regain her sense, she realized that something has wrong with her body and later on, found that accused No. 1 has committed rape. As per the case of the complainant, the accused and complainant had visited many places and the accused told her that he was in love with her and both of them remained together for about 17 years with the appellant and present complaint came to be filed. 3. The learned trial Judge examined documentary as well as oral evidence and circumstances under which the complaint was filed. By addressing himself to ingredients of Section 375 of the Indian Penal Code viz a viz letters addressed by the complainant to accused No. 1 at Exh:24 to 27 along with medical certificates dated 6.3.2009 and 24.3.2009 and complaint vide Exh:11, 12 and 19 respectively found that accused No. 1 and the complainant had a long lasting relations with mutual understanding for which, she has consented for physical relationship and no grievance whatsoever was made. Even a year before when the application was preferred with Kagdapith Police Station, Ahmedabad in the year 2008, no grievance was made about rape. Even a year before when the application was preferred with Kagdapith Police Station, Ahmedabad in the year 2008, no grievance was made about rape. So far as other offenses are concerned, according to the learned Judge, attracting provisions of Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, nothing appeared on the record by which it can be said that the complainant was either abused by using such offensive words and cross-examination of the complainant was also sufficient whereby she had admitted nature of relationship with accused No. 1. Even PW-4, daughter of PW-2 had deposed and stated that about rape committed by accused No. 1 on her mother but it was about the incident which took place in 1992 and that thereafter, mother resided together with accused No. 1. PW-5-sister of complainant deposed to the extent that accused No. 1 was not ready to marry the complainant because she belongs to scheduled castes. Barring the above testimonies, nothing reveled any kind of nexus remotely with the offences for which accused was charged. 4. Having heard learned APP and perused of the record of the case including testimonies of prosecutrix and her relatives including daughter and sister and belated complaint after a period of more than 17 years and finding based on sound reasonings for which conclusions were arrived at by the learned trial Judge of no guilt of the accused qua the offences for which charge was framed. No interference is called for by this Court in this judgment and order of acquittal passed by the learned trial Judge. 5. In view of the above, leave to appeal is refused. Consequently, the present appeal also stands dismissed.