The Gujarat High Court dismissed the criminal appeal filed by the State of Gujarat challenging the acquittal of Anilbhai Babubhai Dudhat in a case involving charges of rape, criminal trespass, intimidation, and violation of the Gujarat Police Act. The appeal arose from the Sessions Court’s judgment dated 15 April 2013 which acquitted the accused of all charges.
The case pertained to an FIR lodged on 15 August 2010 by an 18-year-old girl, who alleged that the accused who was her neighbour had trespassed into her house in her parents’ absence and raped her. She further alleged that he continued to visit her and engage in sexual acts over a period of time, threatening her not to disclose the incidents. Eventually, she became pregnant but remained silent about the assaults and her pregnancy until she reached the seventh or eighth month, at which point she informed her parents and lodged the police complaint.
The prosecution charged the accused under Sections 452 (house trespass), 376 (rape), and 506(2) (criminal intimidation) of the IPC and Section 135 of the Gujarat Police Act. The trial involved examination of 13 witnesses and 21 documents. However, the Sessions Court found that the prosecution failed to establish non-consensual sexual relations. The medical examination only confirmed that the prosecutrix was habituated to intercourse and did not support the allegation of rape. The accused, in his defence under Section 313 CrPC, claimed that he and the complainant were in a consensual relationship and even produced joint photographs.
The Court concurred with the trial court’s assessment, noting that the victim had not informed anyone including close family members about the alleged repeated rapes or her pregnancy until the advanced stages, undermining the claim of coercion. The judges emphasized that the conduct of the complainant, her prolonged silence, and the absence of medical evidence of forced intercourse clearly indicated that the relationship was consensual. The Court also took note of the victim’s current marital status, observing that she was now married and leading her life elsewhere.
Accordingly, the Division Bench of Justices Cheekati Manavendranath Roy and D.M. Vyas upheld the Sessions Court’s acquittal and dismissed the State’s appeal, concluding that no offence under Sections 376, 452, or 506(2) IPC or Section 135 of the Gujarat Police Act was made out. The Court ordered that the bail bond, if any, stands cancelled and directed that records be returned to the trial court.
Appearance in the case:
Ms KRina Calla , APP for the Appellant(s) No. 1