ANITABEN BABUBHAI v. THE STATE OF GUJARAT

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

1. For the sake of brevity, the facts of the instant appeal

are set out in a short compass. On 05.11.1991, the victim,

then 16 years old, went to fetch water from the public tap

near Refinery Cross Road in Vadodara. The complainant–mother

thereafter noticed that the light in the house of accused

no. 1 was switched on, even though the front door was

closed. However, when she went to the back of the house and

peeped in through the window, she noticed her daughter along

with three persons.

2. The complainant–mother thereafter lodged a complaint on

25.11.1991 at Jawaharnagar Police Station, District –

Baroda. According to the complainant, she did not approach

the police immediately because she felt that it might harm

the reputation of the family and her daughter.

3. After the investigation, a charge-sheet under Sections

363, 366, 376, 323, 506(2) and 114 of the Indian Penal Code,

1860 (in short, the “IPC”) was filed against six accused

persons, including both the women appellants (Accused Nos. 5

and 6, respectively), before us in the instant appeal. It is

pertinent to mention that the appellants herein are the

wives of the co-accused persons – Babubhai (Accused No. 3;

now deceased) and Rashmibha...