(Ranjan Gogoi, Navin Sinha and K.M. Joseph, JJ.)
Jayantibhai Mohanbhai Patel (Padaria) ________________ Appellant;
v.
State of Gujarat ________________________________ Respondent.
Criminal Appeal No(s). 341/2016, decided on September 12, 2018
The Order of the court was delivered by
Order
1. The accused appellant who had been acquitted by the learned trial Court of the charge under Sections 376, 323, 504 and 451 IPC has been convicted by the High Court under Section 376(2)(a)(i) and 452 IPC and sentenced to rigorous imprisonment for ten years in appeal filed by the State.
2. We have heard the learned counsels for the parties. We have perused the materials on record including the evidence of the victim; the medical evidence as well as the report of the Forensic Science Laboratory (FSL).
3. The victim clearly implicates the accused appellant and in her long deposition she has narrated the incident giving full details. However, the medical evidence seems to be negatived insofar as commission of the offence of rape is concerned. In fact, according to the Medical Officer, there was no evidence of any physical mark or injury on the private parts or on the chest of the victim. The fact that the victim was a married lady having three children is something that cannot be altogether ignored while considering the medical report. However, what, according to us, would turn the scales in favour of the accused is the FSL report which includes analysis of samples of blood, saliva, vaginal smear of the victim as well as of the accused.
4. In this regard, we must take note of the Health Card (Exhibit 86) of the accused appellant issued by the State Authority which certified that the blood group of the accused appellant is B+ve. In the absence of any other material on record we do not see any reason why we should not accept the Health Card issued by a competent Government Authority.
5. Proceeding on that basis we find that the blood Group AB of the appellant mentioned in the FSL report as against the samples of blood, saliva of both the accused and the victim defies a logical explanation. The analysis of the vaginal smear also discloses an inconclusive result which again defies explanation.
6. The result of the analysis of the samples sent to the FSL creates a reasonable doubt in the mind of the Court as to whether it is the accused alone who is liable for the offence alleged. Taking into account the same and also the medical report exhibited through P.W.14 – Medical Officer (Dr. Vikas Krishnakumar Sharma) we are of the view that benefit of doubt should be accorded to the accused appellant. We order accordingly. The accused appellant is, therefore, acquitted of the offence on the benefit of reasonable doubt in the matter. The accused appellant is stated to be in custody. He shall be released forthwith from such custody unless the same is required in connection with any other case.
7. Consequently and in the light of the above the order of the High Court is set aside and the appeal is allowed.
CRIMINAL APPEAL NO(S). 341/2016
Jayantibhai Mohanbhai Patel (Padaria) _________________ Appellant
v.
State of Gujarat _________________________________ Respondent
Date: 12-09-2018 This appeal was called on for hearing today.
(Before Ranjan Gogoi, Navin Sinha and K.M. Joseph, JJ.)
For Appellant(s) Mr. Pradhuman Gohil, Adv.
Ms. Taruna Singh Gohil, Adv. Mr. Himanshu Chaubey, Adv.
Mr. Vikash Singh, AOR
Ms. Tanvi Bhatnagar, Adv.
For Respondent(s) Ms. Jesal Wahi, Adv.
Ms. Pallavi Bhaghel, Adv.
For Ms. Hemantika Wahi, AOR
UPON hearing the counsel the Court made the following
ORDER
8. The appeal is allowed in terms of the signed order.
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