Madhya Pradesh High Court
Criminal Procedure and EvidenceCriminal Law

An acquittal warrants appellate interference only for perversity, manifest illegality, or miscarriage of justice.

Rinku Kushwaha vs Vinod Kumar Kushwaha

Madhya Pradesh High CourtJUDGMENT: August 24, 20263 MIN READSOURCE JUDGMENT
An acquittal warrants appellate interference only for perversity, manifest illegality, or miscarriage of justice.. Rinku Kushwaha vs Vinod Kumar Kushwaha. Madhya Pradesh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner alleged that she married respondent No. 1, Vinod Kumar Kushwaha, in 2010 according to Hindu rites and customs.

Source reference: para. 2

She claimed that, despite dowry being given at the time of marriage, the respondents subjected her to cruelty and harassment for an additional demand of ₹50,000, a television, cooler and motorcycle, and further alleged that she was assaulted and driven out of the matrimonial home.

Source reference: para. 2

After approaching the police and the Parivar Paramarsh Kendra without effective result, she instituted a complaint under Section 200 Cr.P.C.

Source reference: para. 2

Statements were recorded under Section 202 Cr.P.C., following which charges under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act were framed on 28.11.2014.

Source reference: para. 2

The matter was thereafter fixed for the complainant’s evidence.

Source reference: para. 2

The complainant asserted that she could not adduce evidence because of illness and treatment for stomach-related ailments between 01.08.2016 and 30.01.2017.

Source reference: para. 2

The trial Court recorded that repeated opportunities had been granted from 05.08.2016, but the complainant failed to produce evidence, resulting in closure of her opportunity on 18.01.2017.

Source reference: para. 2

As no evidence was led in support of the allegations, the Judicial Magistrate First Class, Deosar, acquitted the respondents by judgment dated 20.07.2017 in Criminal Case No. 1922/2014.

Source reference: paras. 1–2

The petitioner challenged the acquittal under Section 378(4) Cr.P.C.

Source reference: para. 1
02

Issues

Whether the trial Court acted illegally or perversely in closing the complainant’s evidence after granting repeated opportunities and thereafter acquitting the respondents for want of evidence?

Source reference: paras. 2–6

Whether the medical documents relied upon by the petitioner warranted interference with the acquittal or required that a further opportunity to lead evidence be granted?

Source reference: paras. 3–6

Whether the acquittal judgment suffered from perversity, manifest illegality or miscarriage of justice so as to justify appellate interference under Section 378(4) Cr.P.C.?

Source reference: para. 7
03

Law Applied

The Court applied Section 378(4) Cr.P.C., governing an appeal against acquittal by a complainant, and Sections 498-A IPC and 3 and 4 of the Dowry Prohibition Act, which constituted the offences charged in the trial.

Source reference: para. 1

It reiterated that the framing of charges establishes only a prima facie case and does not dispense with the complainant’s obligation to prove the allegations through admissible evidence at trial.

Source reference: para. 5

The Court further applied the settled appellate principle that an acquittal should not be interfered with merely because another view is possible; interference is warranted only where the findings are perverse, manifestly illegal, or result in miscarriage of justice, particularly because an acquittal strengthens the presumption of innocence.

Source reference: para. 7
04

Reasoning

The Court found that the trial Court had granted the complainant repeated opportunities to produce evidence, but she failed to avail herself of them, leading to closure of her evidence.

Source reference: paras. 2, 5

Since no evidence was adduced, the allegations under Section 498-A IPC and the Dowry Prohibition Act remained unsubstantiated, notwithstanding the earlier framing of charges.

Source reference: para. 5

The medical documents did not establish that the petitioner was permanently or continuously unable to prosecute the complaint despite the opportunities granted, nor did they demonstrate that the trial Court had acted arbitrarily or illegally in closing the evidence.

Source reference: para. 6

Consequently, the trial Court’s exercise of discretion was not perverse, and the heightened threshold for interference with an acquittal was not met.

Source reference: paras. 6–7
05

Holding

The Court answered the issues against the petitioner.

It held that the trial Court was justified in closing the complainant’s evidence after repeated opportunities and in acquitting the respondents in the absence of supporting evidence.

Source reference: paras. 5–6

Finding no perversity, manifest illegality or miscarriage of justice, the High Court dismissed the petition under Section 378(4) Cr.P.C. and affirmed the judgment dated 20.07.2017 passed by the Judicial Magistrate First Class, Deosar, District Singrauli, in Criminal Case No. 1922/2014.

Source reference: paras. 7–8
06

Acts & Sections Cited

6 provisions across 3 statutes referred to in this judgment. Linked provisions open on LawLens.

Code of Criminal Procedure, 19733

Section 378Section 200Section 202

Indian Penal Code, 18601

Section 498A

Dowry Prohibition Act, 19612

Section 3Section 4
Madhya Pradesh High Court

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Rinku KushwahavsVinod Kumar Kushwaha

Madhya Pradesh High Court · August 24, 2026

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