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GUJARAT HIGH COURT
Ilesh J. Vora and R.T. Vachhani, JJ.
Mukeshbhai Gorchandbhai Chamka – Appellant
versus
State of Gujarat – Respondent
Criminal Appeal (Against Conviction) No. 1157 of 2014
Decided on 3.3.2026
For the Appellant:Mr. Gajendra P. Baghel, Mr. Shambhu Kumar, Advocates
For the Respondent:Mr. Ronak Raval, Advocate.
IMPORTANT POINT
Rape and murder – Victim’s tender age and breach of trust are aggravating factors – General plea of innocence cannot stand against consistent evidence.
Headnote:
Indian Penal Code, 1860 – Sections 376 and 302 – Rape and murder – Life sentence – Circumstantial evidence – Medical examination confirmed that cause of death was consistent with asphyxiation or strangulation, along with trauma related to sexual assault – Circumstances last seen together, motive arising from lustful intent, recovery of articles, medical and forensic support, and appellant’s conduct after offence form a strong and complete chain – Chain of circumstances is complete and unbroken, clearly pointing to appellant’s guilt and ruling out any reasonable possibility of his innocence – Offences under Sections 376 and 302 IPC are proved beyond reasonable doubt – Victim was below age of consent – Victim’s tender age and breach of trust are aggravating factors – However, appellant’s background as a labourer of a similar socio-economic background, along with continuing family support, suggests he is not beyond reform and not an unavoidable threat in all circumstances – General plea of innocence cannot stand against consistent evidence, appellant has not given any alibi, and his version does not fit proved facts – Prosecution has proved guilt of accused beyond reasonable doubt – No interference is called for in appeal. (Paras 12, 25, 26, 27, 28 and 32)
Result: Criminal Appeal dismissed.
JUDGMENT
The present criminal appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973, by the appellant-Mukeshbhai Gorchandbhai Chamka, challenging the judgment and order of conviction and sentence dated 14.03.2014 passed by the learned Sessions Judge, Dahod, in Sessions Case No.108 of 2013.
2. By the impugned judgment, the appellant was convicted for the offences punishable under Sections 376 and 302 of the Indian Penal Code, 1860 (for short, “IPC”). He was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default, to undergo further rigorous imprisonment for three years for the offence under Section 376 IPC, and rigorous imprisonment for life and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default, to undergo further rigorous imprisonment for three years for the offence under Section 302 IPC. Both sentences were directed to run concurrently.
3. The brief facts leading to the filing of the present appeals are as under:
3.1. On 08.04.2013, a marriage ceremony took place at the house of Samsubhai Bhuria in village Uchvania, District Dahod. The victim, a minor girl aged about 13 years, had gone to attend the “Vana Ceremony” - a traditional short marriage procession in the Dahod region that follows the “Ganpati Sthapan” ritual. After the ceremony ended, around 12:30 a.m., the appellant - Mukeshbhai Gorchandbhai Chamka - took the victim with him to a lonely field. There, against her will and without her consent, he committed sexual intercourse with her, thereby committed rape. When she shouted for help, the appellant smothered her, and thereby caused her death. He also caused injuries to her private parts.
3.2. The father of the victim, Badiyabhai Nanjibhai Chamka, lodged the First Information Report (FIR) on the same day, i.e., 08.04.2013, at Dahod Rural Police Station, which was registered as I-C.R. No.79/2013 under Sections 376 and 302 IPC.
3.3. The Investigating Officer conducted the necessary investigation, prepared the inquest panchnama on the dead body in the presence of panch witnesses, drew the panchnama of the scene of offence, sent the body for postmortem examination and collected the postmortem report, seized the clothes from the dead body, obtained the FSL primary report, recorded statements of witnesses, arrested the appellant, conducted discovery panchnama under Section 27 of the Indian Evidence Act, 1872, at the place shown by the appellant, collected blood-stained soil from the scene, obtained samples including semen, blood, vaginal swab, and cervical swab from the doctor, sent the muddamal articles to the Forensic Science Laboratory (FSL), and collected the FSL report.
3.4. Upon completion of the investigation, a charge-sheet was filed against the appellant before the learned Chief Judicial Magistrate, Dahod. Since the offences were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Dahod, under Section 209 of the Code of Criminal Procedure, 1973, vide order dated 18.08.2013, and registered as Sessions Case No.108/2013.
3.5. The appellant was produced before the Sessions Court on 07.09.2013. Charge was framed against him under Sections 376 and 302 IPC at Exhibit-2, which was read over and explained to him. The appellant pleaded not guilty vide plea at Exhibit-3, and claimed to be tried.
3.6. After the trial, the learned Sessions Judge, by the judgment dated 14.03.2014, held the appellant guilty and convicted and sentenced him as aforesaid.
3.7. Being aggrieved and dissatisfied with the said judgment and order of conviction and sentence, the appellant has preferred the present appeal before this Court.
4. We have heard learned advocates for the respective parties and carefully examined the oral and documentary evidence adduced before the learned Sessions Court. During the course of the trials, the prosecution examined witnesses and produced documents as detailed below
