Acquittal on other charges does not preclude conviction for criminal force proved by credible evidence.

On 7 February 2018, a dispute arose at Central Railway Hospital, Bilaspur, concerning the discharge of a patient and payment of her hospital bill.

The complainant alleged that the appellant tried to take the discharge paper from her and caught and pulled her by the hand.

The Special Court acquitted him of offences under Sections 294, 506 Part II and 354 IPC and Sections 3(1)(द) and 3(1)(ब)(i) of the SC/ST (Prevention of Atrocities) Act, 1989, but convicted him under Section 352 IPC and fined him ₹500, with 15 days’ simple imprisonment in default.

He appealed under Section 14-A(1) of the 1989 Act read with Section 415 BNSS, challenging that conviction.

1. Whether the prosecution proved beyond reasonable doubt that the appellant used criminal force against the complainant, thereby committing an offence under Section 352 IPC.

2. Whether the conviction under Section 352 IPC could be sustained despite the appellant’s acquittal of the other charged offences and the alleged evidentiary deficiencies.

Section 352 IPC criminalises assault or use of criminal force otherwise than on grave and sudden provocation.

The court also applied the evidentiary principle that a witness’s testimony need not be rejected in its entirety merely because the witness is not believed on every allegation; the court may accept the part it finds reliable.

The judgment cited no precedent.

The complainant (PW-6) testified that the appellant caught her hand while trying to take the discharge paper, and Hirawati Rathod (PW-1) corroborated that he pulled the complainant by the hand.

The court found no material contradiction or cross-examination undermining this evidence.

It held that the failure to seize the discharge paper and the non-examination of other witnesses did not, by themselves, discredit the evidence of these two witnesses concerning the physical act.

Nor did the acquittals on the other charges require rejection of the specific, corroborated evidence relevant to Section 352 IPC.

The court therefore found criminal force proved beyond reasonable doubt.

It found no basis to interfere, affirmed the conviction and sentence, and dismissed the appeal.