Acquittal of Jwala Singh upheld as court finds prosecution story unnatural: Madhya Pradesh High Court

In a significant ruling, the Madhya Pradesh High Court upheld the acquittal of Jwala Singh, who was accused of attempting to commit a wrongful act against a 12-year-old girl. Justice Jai Kumar Pillai, hearing two connected criminal appeals, concluded that the trial court correctly found the prosecution's narrative riddled with contradictions, prior enmity, and unnatural conduct.

The case hinged on an incident alleged to have occurred on March 5, 2021, when the minor victim was alone at her home in a village near Shujalpur. According to the FIR, the accused, a neighbor, caught her hand and tried to drag her toward a drain. The girl claimed she freed herself, hit him with a broom, and ran to fetch her brother. The family later lodged a complaint, leading to charges against Singh.

A Case Unraveled by Prior Enmity

The High Court, after perusing the trial court record, zeroed in on a critical admission: the victim herself acknowledged that her father and the accused's father had a heated argument a day before the incident over an employment dispute with a local farmer, Ashok Parmar. In paragraph 12 of her cross-examination, the complainant admitted that "solely because of this prior altercation, her father, acting out of sheer anger, proceeded to file a formal police report." This prior enmity, the court noted, cast serious doubt on the motive behind the FIR.

Prosecution Story Falls Apart Under Scrutiny

The court highlighted several glaring deficiencies in the prosecution's case. The medical report (Exhibit P-03A) showed no injuries on the victim's body, despite her claim of being forcibly dragged by a 23-year-old man. The spot map (Exhibit P-02) did not show the drain to which the accused allegedly attempted to drag her. Furthermore, the incident supposedly took place at 5:00 p.m. in a densely populated residential area with a school opposite the house and women fetching water nearby. Yet, the investigating officer failed to examine any independent witnesses.

In a particularly damning observation, the court noted that the complainant admitted she "did not raise any alarm or shout when the accused forcibly caught her hand." Justice Pillai remarked, "In a terrifying situation where a woman is allegedly being dragged for a wrongful act, the total failure to shout or scream for help appears completely unnatural."

High Court Refuses to Interfere

Relying on the precedents in Karu Lal and others vs State of Madhya Pradesh and Vijay alias Chini vs State of Madhya Pradesh , the appellant argued that prior enmity does not make evidence unreliable and that absence of injuries is immaterial. However, the High Court held that the evidence here did not "inspire unshakeable confidence." The court emphasized that the multiple contradictions—lack of outcry, no injuries, public location, and failure to examine independent witnesses—collectively "destroy the foundation of the prosecution's story."

In its final judgment, the High Court upheld the trial court's acquittal, stating there was "no manifest error, illegality, or perversity in the appreciation of evidence." Both criminal appeals were dismissed, and Jwala Singh remains free of all charges.