IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 984 of 2003 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI and HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ==========================================================

Approved for Reporting Yes No ==========================================================

STATE OF GUJARAT Versus JAYANTILAL NANJIBHAI NAKUM ==========================================================

Appearance:

MR J K SHAH, APP for the Appellant(s) No. 1 MR PM LAKHANI(1326) for the Opponent(s)/Respondent(s) No. 1 MRS R P LAKHANI(3811) for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI and HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 07/03/2026

JUDGMENT

(PER : HONOURABLE MR.JUSTICE MOOL CHAND TYAGI)

1. The present Appeal is filed by the Appellant – State of Gujarat under the provisions of sub-sections (1) & (3) of Section 378 of the Code of Criminal Procedure, 1973 ( hereinafter be referred to as Cr.P.C. ) challenging the Judgment dated 25.04.2003 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Jamnagar ( hereinafter be referred to as the Ld. Trial Court / Ld.ASJ) in Sessions Case No.37 of 1997, whereby the Respondent herein was ordered to has been acquitted of the charges for the offences punishable under Sections 376 and 506(2) of the Indian Penal Code,1860.

2. The present appeal is pertaining to the offences punishable under Section 376 of the IPC, therefore, in order to protect the identity of the prosecutrix, she is hereinafter referred to as the ‘Prosecutrix’.

3. The facts and circumstances giving rise to the filing of the present appeal are as follows: The marriage of the prosecutrix was solemnized approximately 12 years prior to the date of the incident. After her marriage, she had been residing with her husband and in-laws at Village: Kunnud, Taluka: Jodiya, District: Jamnagar. On 19.09.1996, at about 09:30 p.m., the complainant, Rasilaben was sleeping outside her house in the faliya on a cot. At about 11:00 p.m., the accused, Jentilal Nanjibhai Nakum came there and threatened her by saying that if she raised any alarm, he would kill her and compelled her to accompany him to his house. Thereafter, the accused forcibly took her inside his house and committed rape upon her against her will and desire. He further threatened her that if she reported the incident to anyone, he would kill her. When the complainant was coming out of the accused’s house, her husband saw her and inquired about the incident, whereupon she narrated the entire occurrence to him.

4. Accordingly, FIR being I.C.R.No.44 of 1996 was lodged at Jodiya Police Station, Dist:Jamnagar and investigation was carried out and ultimately, charge-sheet came to be filed against the accused under Sections 376 and 506(2) of the IPC before the Judicial Magistrate. As the case was exclusively triable by the Court of Sessions, learned Magistrate under Section 209 of the Cr.P.C. committed the said case to the Court of Sessions Court, Jamnagar, which came to be numbered as Sessions Case No.37/1997.

5. On 27.01.2003, the learned Trial Court framed the charges at Exh.11 under Sections 376 and 506(2) of the IPC. Since, the accused did not plead guilty and claimed to be tried, they were tried for the said offences.

6. In order to bring the home the guilty of the accused, the prosecution has led following oral and documentary evidences:-

ORAL EVIDENCE Sr.No.P.W.NO WITNESS Exh.

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1. 1. Deposition of witness – Manubhai Bachubhai 15 2. 2. Deposition of witness – Dr.Nilesh Keshavji 16 Galaiya

3. 3. Deposition of witness – Prosecutrix 25 4. 4. Deposition of witness – Husband of the 27 prosecutrix.

5. 5. Deposition of witness – Devrajbhai Khodabhai 28 6. 6. Deposition of witness- Jivrajbhai Khodabhai 29 Nakum

7. 7. Deposition of witness- Vashrambhai 30 Harkhabhai

8. 8. Deposition of panch-witness- Ganeshbhai 31 Parshottambhai

9. 9. Dep