Chhattisgarh High Court news: The Chhattisgarh High Court recently upheld the acquittal of two men, who were accused in a case connected to the hurling of caste-based slurs against a woman and observed that the absence of reliable and convincing evidence makes it safe to absolve them of the alleged crime.
Justice Radhakishan Agrawal was hearing the appeal of the woman, who is a teacher, against the acquittal of the two men by the trial court after being tried of harassment and criminal intimidation charges.
The allegation of caste-based insult in public view has not been clearly and consistently proved by the prosecution, the court held on March 4.
The order passed on March 2 underscored the “material omissions” during her cross-examination, and said, “ In the absence of clear, reliable and convincing evidence, it is not safe to hold that the respondents are the authors of the alleged crime in question.”
Material omissions
The written report and FIR show that there is no specific mention that the accused persons caught hold of her hands, arm or waist, nor is there any detailed mention of specific caste-based abuses or the exact nature of the alleged threat.
In her cross-examination, appellant admitted that the report was written in her own handwriting and that certain facts stated by her before the court were not mentioned either in the report or in her statement recorded, which are material omissions.
She denied the suggestion that after informing her father about the incident, her father went to the shop of the respondent and assaulted him, or that the respondent sustained a serious ear injury and was admitted to a hospital at Bilaspur for treatment.
She admitted that on September 20, 2013, the family members of the respondent had lodged a report against her father at Police Station Pandariya and that the case in that regard was pending before the Pandariya Court.
She denied the suggestion that her father was being implicated in a case of assault against the respondent.
She lodged the report of the incident after four days, and also denied the suggestion that no one had molested or insulted her.
Absence of clear evidence
The prosecution has failed to prove beyond a reasonable doubt that on the date of the incident, the respondents wrongfully restrained the appellant or used criminal force with the intention to outrage her modesty.
The appellant has made material improvements in her statement before the court, particularly regarding the respondents catching hold of her hands and using specific abuses, whereas these facts are not mentioned in her written report and FIR.
It appears from the evidence that a report had been lodged by the respondent against the father of the appellant on September 20, 2013, and thereafter, the present report was lodged against the respondents.
The allegation of caste-based insult in public view has not been clearly and consistently proved by the prosecution.
The delay in lodging the written report and FIR has also not been satisfactorily explained.
In the absence of clear, reliable and convincing evidence, it is not safe to hold that the respondents are the authors of the alleged crime in question.
Considering the facts and circumstances of the case, the view taken by the trial court appears to be a plausible and possible view.
In the absence of any patent illegality or perversity, this court is not inclined to interfere with the impugned judgment.
The acquittal appeal filed by the appellant against the acquittal of the respondents is dismissed.
Appellents Case
Advocate Waqar Naiyer for the appellant submits that the trial court wrongly discarded the testimony of the appellant based on minor omissions in the written report and FIR.
It is contended that the Appellant’s evidence is natural, reliable and inspires confidence and that such minor omissions are not fatal to the prosecution’s case.
He submits that the delay of four days in lodging the report has been satisfactorily explained, as the appellant first informed her father and thereafter approached the police.
He also submits that despite clear and convincing evidence on record, the trial court committed an error in acquitting the respondents; therefore, the judgment of acquittal deserves to be set aside, and the respondents should be convicted.
Background
The appellant belongs to a scheduled tribe and is working as an assistant teacher at the government primary school, Dindori.
On September 24, 2013, the appellant lodged a report at Police Station Pandariya alleging that on September 20, 2013, while she was returning from work, the respondents restrained her with the intention to outrage her modesty, abused her and threatened to kill her.
Allegedly, the respondents, being members of a non-SC/ST community, insulted and intimidated her based on her caste.
Based on the said written report was registered against the respondents.
During the course of the investigation, the caste certificate of the victim was seized, and the respondents were taken into custody, and the statements of the witnesses were recorded.
After completion of the investigation, the charge sheet was filed against the respondents before the concerned trial court.
The respondents denied the charges and prayed for a trial.
Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.
She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.
Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.
Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More
