State Of Gujarat vs Dilip Karsanbhai Rathod

Headnote AI-drafted · Reviewed and approved

The State of Gujarat filed an acquittal appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment dated 20.12.2002 passed by the Additional Sessions Judge (Fast Track Court-1), Ahmedabad City, in Session Case No. 01 of 2002, whereby the accused was acquitted of charges under Sections 363, 366 and 376 of the Indian Penal Code, 1860. The prosecution alleged that on 31.12.2000/01.01.2001, the accused lured and kidnapped a minor victim under the pretext of marriage, took her to Kasandra Village, and committed rape upon her.

The Trial Court found numerous contradictions in the testimonies of prosecution witnesses, including material discrepancies between the complainant-father's version and that of the victim herself. Several independent witnesses turned hostile or failed to support the prosecution case. The victim had subsequently married and denied certain documents including letters and photographs. The Trial Court accordingly acquitted the accused, finding the prosecution's story untrustworthy.

The High Court, upon independently examining the oral and documentary evidence, found no perversity or illegality in the Trial Court's appreciation of evidence. Reiterating the settled principle that in an acquittal appeal the appellate court should not interfere unless the findings of the trial court are shown to be perverse or contrary to law, the High Court upheld the acquittal and dismissed the State's appeal.

Catchwords: acquittal appeal · kidnapping · rape · minor victim · contradictions in evidence · hostile witnesses · appreciation of evidence · perversity · Section 363 IPC · Section 366 IPC · Section 376 IPC · school leaving certificate · age of victim