DAHIBEN PRAVINBHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal under proviso to Sec. 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), is filed by the appellant - victim who is aged about 40 years and mother of three children, married with witness - Pravinbhai Raval since years, for the alleged offence punishable under Ss. 376(1), 506(2) and 507 of the Indian Penal Code against the respondent - accused who came to be acquitted vide impugned judgment and order of acquittal dtd. 13/4/2023 passed by the Additional Sessions Judge, Sabarkantha- Himmatnagar in Sessions Case No.17 of 2020.

(2.) On filing of the appeal and when it came up for hearing before the Court, we had inquired from the learned APP whether State wants to prefer any appeal against the impugned judgment and order of acquittal or not. Vide communication dtd. 19/6/2023 signed by the Under Secretary to the State, Legal Department, addressed to the office of Public Prosecutor, Sabarkantha, stating that the State does not consider it to be appellable order and therefore, they determined not to prefer an appeal against the same. Copy of the said communication is produced by the learned APP, which is ordered to be taken on record.

(3.) As per the case of the prosecution, as coming out from the impugned judgment and order, the respondent - accused promised the victim to maintain her and children if she has physical relation with him. Based on the said promise, before a year she was taken to Katvada, Taluka- Dahod and had physical relation with the victim and thereafter, she was dropped back at her home. It is further the case of the prosecution that thereafter repeatedly accused coming to her house and insisting her to stay with him and under the threat of dire consequences, on 17/9/2019, she was called at Village - Ranasan and she was made to sit in a Wagon R car and taken to Village - Shamalpur where again accused had physical relation with her, without her consent. It is further the case of the prosecution that accused repeatedly calling her on mobile, pressurizing her to come to him as and when called or else she and her children would be killed and therefore, an FIR in the present case has come to be filed on 11/10/2019 before P.S.I., Himmatnagar Rural Police Station.