Madhya Pradesh High Court upholds Jwala Singh's acquittal in minor assault case citing credibility gaps

Madhya Pradesh High Court upholds Jwala Singh's acquittal in minor assault case citing credibility gaps

The Madhya Pradesh High Court has upheld the acquittal of Jwala Singh, who was accused of attempting to sexually assault a minor girl, finding the prosecution's case riddled with credibility gaps and lacking persuasive evidence. Justice Jai Kumar Pillai, presiding over the appeals, dismissed the victim's challenge against the trial court's verdict, highlighting fatal inconsistencies that shattered the foundation of the accusations.

A Case Undone by Admissions and Doubtful Conduct

The case originated from an incident on March 5, 2021, in Shujalpur, where a twelve-and-a-half-year-old girl was alone at her home. The prosecution alleged that Jwala Singh, a neighbour, caught her hand, declaring he "wanted to do something wrong" and attempted to drag her toward a nearby drain. The victim claimed she freed herself, hit him with a broom, and fled to inform her brother. An FIR was registered, and the accused was charged. However, the trial court acquitted him, a decision now thoroughly scrutinised and upheld by the High Court.

Prior Enmity and a Father's Anger: The Fatal Admission

A key turning point emerged during cross-examination. The victim admitted that a day before the incident, a heated argument had taken place between her father and the accused's father. More damningly, she conceded that solely because of this prior altercation, her father, acting out of sheer anger, filed the police report . The High Court noted that this explicit admission, coupled with other testimony from the victim's father confirming a dispute over employment, established a tangible pre-existing grudge between the families. This prior enmity, the court reasoned, provided a plausible motive for concocting a false narrative.

Unnatural Behaviour and Missing Evidence

Beyond the enmity, the judgment catalogued several other weaknesses. The accused, a physically strong 23-year-old man, allegedly dragged the minor girl, yet the medical examination found absolutely no injury marks on her body. The victim also admitted she did not scream or shout for help during the ordeal, a silence the court described as "completely unnatural and highly improbable." Furthermore, the incident purportedly occurred at 5:00 PM in a densely populated residential area, with 6–7 women at a nearby hand pump and students playing in a school opposite the house. Despite this, the prosecution failed to produce any independent witnesses to corroborate the story.

Key Observations from the Bench

"The defence has entirely succeeded in refuting any initial presumption that could be drawn from the chief examination of the prosecution witnesses," Justice Pillai wrote, underscoring the reversal of the evidentiary burden. He further observed, "[I]f the accused genuinely intended to commit a wrongful act with the complainant, he would logically not have attempted to drag her towards an open drain through a widely accessible public place." The court also remarked that "the total failure to shout or scream for help appears completely unnatural and highly improbable."

The court meticulously affirmed the trial court's reasoning, finding no perversity or illegality in the acquittal. Both criminal appeals—filed by the victim and by the State—were dismissed, allowing Jwala Singh to remain free from all charges. This decision reaffirms the settled principle that while a victim's testimony can sustain a conviction, it must inspire unshakeable confidence —a standard that, in this case, the prosecution's flawed evidence could not meet.