Gujarat High Court
State Of Gujarat vs Bhupendrasinh Sajjansinh Chauhan on 2 August, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1967 of 2004
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE GITA GOPI
and
HONOURABLE MR.JUSTICE P. M. RAVAL
==========================================================
Approved for Reporting Yes No
==========================================================
STATE OF GUJARAT
Versus
BHUPENDRASINH SAJJANSINH CHAUHAN
==========================================================
Appearance:
MR UTKARSH SHARMA, APP for the Appellant(s) No. 1
MR KJ DWIVEDI(316) for the Opponent(s)/Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
and
HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 02/08/2025
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE P. M. RAVAL)
1. The present appeal is preferred by the appellant
State under the provisions of Section 378(1)(3) of the Code
of Criminal Procedure 1973 against the judgment and order
of acquittal dated 14.5.2004 passed in Sessions Case No.23
Page 1 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
of 2001 and 24 of 2001 by the learned Joint District &
Additional Sessions Judge, Fast Track Court at Modasa
(Sabalpur) whereby the respondent – original accused came
to be acquitted for the offence punishable under sections
376, 342, 506(2), 354 and 323 of Indian Penal Code.
2. The facts shorn of unnecessary details as they
reveal from the documents are as follows :
2.1 The complainant victim Bhavnaben Punambhai
Darji was the Sarpanch of Village Gajan, Tal:Malpur of
Dist:Sabarkantha. That her husband Punambhai
Maganbhai Darji is serving as a peon in Gajan Group Gram
Panchayat since last 14 years. That the complainant has
one daughter and a son. That on 17.06.2000 the
complainant was present at her house and her husband
was busy with agricultural work in his field. After preparing
meals she had gone to the field for bringing hey for cows.
Thereafter she had gone for worship to the temple at 12
noon. That while the complainant was doing Pooja the
Page 2 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
accused entered the room and locked it from inside. That
the victim was then forcibly taken to a room situated behind
the temple with an intention to outrage her modesty.
Thereafter the accused committed rape on her without her
consent. That the victim shouted for help. However nobody
came to her help. She again shouted for help and, therefore,
the accused ran away from the place. That on hearing the
shouts of the victim, one Shardaben Shivabhai Darji and
her husband rushed to the place of incident. That they had
seen the accused running away from the place. That the
accused while running away threatened the complainant
that if the said incident is disclosed to anybody, she would
be killed. That thereafter the complainant had gone to the
police station along with her husband for filing a complaint.
However, the Head Constable on duty advised them not to
file such a complaint as the complainant being the
Sarpanch of Village her prestige in the society would be
lowered if she files the complaint under Section 376 of
Indian Penal Code. Therefore, as per his advice the
complainant filed a complaint for the offence under Section
Page 3 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
354 and 323 of the Indian Penal Code. Thereafter the
complainant filed another complaint on 9.7.2000 and
thereafter, investigation was carried out against the
accused.
2.2 After thorough investigation, chargesheet came to
be submitted before the concerned jurisdictional Magistrate,
Modasa and since the case was exclusively sessions triable,
learned Magistrate, Modasa committed the said case to the
learned Sessions Court as per the provisions of section 209
of the CrPC and the same came to be registered as Sessions
Case No.23 of 2001 and 24 of 2001.
2.3 Vide Exh.4 charges were framed for the offence
punishable under sections 323, 504 of IPC in Sessions Case
No.23 of 2001 and sections 376, 342, 506(2) of IPC in
Sessions Case No.24 of 2001 and vide Exh.5, plea of the
accused was recorded where he denied the charges and
prayed for trial.
Page 4 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
2.4 To bring home the charges against the accused,
the prosecution relied upon the following oral as well as
documentary evidences.
ORAL EVIDENCES :
Sr.No. Name Exh.
1 Witness No.1 Dr.Punambhai Kantilal Parmar 12
2 Witness No.2 Bhavnaben Punambhai Darji 30
(Complainant)
3 Witness No.3 Somabhai Hirabhai Solanki (PSO) 34
4 Witness No.4 - Punambhai Maganbhai Darji 35
5 Witness No.5 Shivabhai Mohanbhai 36
6 Witness No.6 Bhimjibhai Shakrabhai Ninama (CPI 38
& Investigating Officer.
DOCUMENTARY EVIDENCES :
Sr.No. Name Exh.
1 Police Yadi for medical examination of the victim 13
2 Medical certificate of victim 14
3 Forwarding letter for analyzing samples 15
4 Panchnama of scene of offence 23
5 Panchnama of clothes of the victim 24
6 Yadi for sending victim to hospital 25
7 Panchnama for clothes of accused 26
8 Despatch note for sending muddamal 27
9 FSL Report 28
10 Complaint given by the complainant before Malpur 31
Police Station on 18.6.2000
11 Complaint given by the complainant before CPI on 32
9.7.2000
Page 5 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
12 True copy of xerox of the complaint given by the 33
complainant.
13 Medical certificate of the victim 37
14 Written message received by CPI for investigation. 40
2.5 Vide Exh.41, the prosecution preferred the
purshis declaring that the prosecution does not want to
examine witness any further and thus, after recording the
said closing purshis, further statement of the accused
under the provisions of section 313 of CrPC came to be
recorded and after hearing learned advocates for both the
sides, vide the impugned judgment and order acquitted the
respondent – original accused.
3. It is against this judgment and order of acquittal
that the appellant – State has preferred the present appeal.
4. Learned APP Mr.Utkarsh Sharma appearing for
the appellant – State would contend that :
(a) That despite of the victim’s deposition as to what
Page 6 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATIONR/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
happened with her on the alleged day of incident, learned
trial Court has not believed her version only because the
complaint was registered belatedly. It is further argued that
though lodging of the FIR belatedly has been sufficiently
explained by the prosecution, learned trial Court has erred
in not believing the same.
(b) That despite sterling quality of deposition of the
victim, learned trial Court has acquitted the accused based
on surmises and without appreciating the oral as well as
documentary evidences, more particularly, evidence of the
victim read with that of the Doctor who has examined the
victim.
(c) That husband and the victim have also deposed
to the said effect and the victim has clearly stated in her
deposition that she was not allowed to lodge the complaint
with regard to rape on 18.6.2000 i.e. on the next day of the
incident by the police and therefore, only complaint with
regard to outraging of modesty of woman came to be
Page 7 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATIONR/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
registered vide Exh.31 which is also clear from the
deposition of the victim.
(d) That learned trial Court has materially erred in
acquitting the accused and has thus argued to allow the
present appeal.
5. Learned advocate Mr.K.J.Dwivedi has argued that
relying upon the evidence on record, learned trial Court has
recorded the findings and has given sound and well
reasoned judgment by analyzing the oral as well as
documentary evidences, more particularly, testimony of the
victim in its proper perspective and has acquitted the
respondent – original accused and has argued to reject the
appeal.
6. Heard learned advocates for the respective
parties. We have gone through the Record and Proceedings
of the case as well as impugned judgment.
Page 8 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
7. We have also perused the oral as well as
documentary evidences led by the prosecution before the
learned trial Court. Learned trial Court has not believed the
testimony of the victim for the following reasons.
(a) That the complaint Exh.32 was lodged against
the respondent accused on 9.7.2000 for the offences alleged
to have been committed on 17.6.2000, whereas the
complaint Exh.31 lodged before the concerned Police
Station on 18.6.2000 i.e. second day of alleged incident is
totally silent with regard to the allegation qua rape.
(b) Learned trial Court has also taken into
consideration the deposition of the Doctor who had
examined the victim, more particularly, even in the history,
no name of the accused has been given by the victim. The
said examination also took place on 9.7.2000 and no recent
injury marks were found present as alleged by the victim in
her deposition.
Page 9 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
(c) Learned trial Court has also considered the
deposition of the victim on oath while verifying the
compliant at Exh.33 on 23.6.2000 wherein also not a single
allegation regarding rape has been stated by the victim.
(d) Learned trial Court has also considered the
deposition of Shivabhai Mohanbhai at Exh.36 who has
turned hostile and has not supported the case of the
prosecution despite having been cross examined by the
prosecution. That the husband of the victim also does not
repose confidence and considering overall facts and
circumstances of the case and on reading the deposition of
the victim which does not inspire confidence with regard to
the allegation of rape committed on her on 17.6.2000,
cumulative effect of both oral as well as documentary
evidences, learned trial Court has rightly acquitted the
accused of the charges levelled against him.
8, It is also a settled legal position that in acquittal
appeals, the appellate Court is not required to rewrite the
Page 10 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
judgment or to give fresh reasonings, when the reasons
assigned by the Court below are found to be just and
proper.
9. At this stage, it would be fruitful to refer to the
decision of the Honourable Apex Court in the case of
Constable 907 Surendra Singh & Anr Vs State of
Uttarakhand, reported in (2025) 2 SCR 247 wherein it is
observed thus :
“40. Further, in H.D. Sundara v. State of
Karnataka [H.D. Sundara v. State of Karnataka
(2023) 9 SCC 581: (2023) 3 SCC (Cri) 748] this
Court summarised the principles governing the
exercise of appellate jurisdiction while dealing
with an appeal against acquittal under Section
378 CrPC as follows: (SCC p. 584, para 8)“8…. 8.1. The acquittal of the accused further
strengthens the presumption of innocence;
8.2. The appellate court, while hearing an appeal
against acquittal, is entitled to reappreciate the
oral and documentary evidence;
Page 11 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATION
R/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
8.3. The appellate court, while deciding an appeal
against acquittal, after reappreciating the
evidence, is required to consider whether the view
taken by the trial court is a possible view which
could have been taken on the basis of the
evidence on record;
8.4. If the view taken is a possible view, the
appellate court cannot overturn the order of
acquittal on the ground that another view was
also possible; and
8.5. The appellate court can interfere with the
order of acquittal only if it comes to a finding that
the only conclusion which can be recorded on the
basis of the evidence on record was that the guilt
of the accused was proved beyond a reasonable
doubt and no other conclusion was possible.”
41. Thus, it is beyond the pale of doubt that the
scope of interference by an appellate court for
reversing the judgment of acquittal recorded by
the trial court in favour of the accused has to be
exercised within the four corners of the following
principles:
41.1. That the judgment of acquittal suffers from
Page 12 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATIONR/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
patent perversity;
41.2. That the same is based on a
misreading/omission to consider material
evidence on record; and41.3. That no two reasonable views are possible
and only the view consistent with the guilt of the
accused is possible from the evidence available on
record.”
10. In above view of the matter, this Court is of the
considered opinion that learned trial court was completely
justified in acquitting the respondent of the charges levelled
against him. This Court finds that the findings recorded by
learned trial court are absolutely just and proper and in
recording the said findings, no illegality or infirmity has
been committed by it. This Court is, therefore, in complete
agreement with the findings, ultimate conclusion and the
resultant order of acquittal recorded by learned court below
and hence finds no reasons to interfere with the same.
11. In the result, this appeal fails and accordingly, it
Page 13 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025
NEUTRAL CITATIONR/CR.A/1967/2004 JUDGMENT DATED: 02/08/2025
undefined
is dismissed. The impugned judgment and order of acquittal
dated 14.5.2004 passed in Sessions Case No.24 of 2001
(Sessions Case No.23 of 2001) by the learned Joint District
& Additional Sessions Judge, Fast Track Court, at Modasa
(Sabalpur) is hereby confirmed. Bail bond, if any, stands
cancelled. R & P to be sent back to the trial Court,
forthwith.
(GITA GOPI,J)
(P. M. RAVAL, J)
H.M. PATHAN
Page 14 of 14
Uploaded by H.M. PATHAN(HC00167) on Sat Aug 02 2025 Downloaded on : Sat Aug 02 21:17:58 IST 2025