Chhattisgarh High Court

Material omissions and improvements in testimony regarding sexual harassment and caste-based insults justify acquittal by extending benefit of doubt.

Ku. Kavita Uikey v. State of Chhattisgarh & Others [ACQA No. 9 of 2015 (2026:CGHC:10668)]

Chhattisgarh High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, a member of a Scheduled Tribe and an Assistant Teacher, filed an acquittal appeal against the judgment of the Special Sessions Judge, Kabirdham, dated 15.05.2014.

Source reference: para. 1

The appellant alleged that on 20.09.2013, the respondents wrongfully restrained her, used criminal force to outrage her modesty, and issued death threats accompanied by caste-based slurs.

Source reference: para. 2

A written report was lodged four days later on 24.09.2013.

Source reference: para. 2

The trial court acquitted the respondents under Sections 341, 354/34, and 506 Part-I of the IPC and Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act, 1989, by extending the benefit of doubt.

Source reference: para. 1
02

Issues

1. Whether the prosecution proved beyond reasonable doubt that the accused persons committed the alleged offences of wrongful restraint, outraging modesty, and caste-based intimidation.

Source reference: para. 10

2. Whether the appellate court should interfere with a trial court’s judgment of acquittal where a plausible view has been taken.

Source reference: paras. 9, 15
03

Law Applied

The court primarily applied the standard of proof "beyond reasonable doubt".

Source reference: para. 10

The court applied the scope of appellate interference under Section 378 of the CrPC as interpreted in *Jafarudheen and others v. State of Kerala* (2022), which establishes that an order of acquittal strengthens the presumption of innocence and should only be disturbed upon thorough scrutiny of legal parameters.

Source reference: para. 9

It further relied on *Mallappa and Ors. v. State of Karnataka* (2024), which mandates that if two views are possible, the view favoring the accused must be followed, and the appellate court must demonstrate illegality or perversity to reverse an acquittal.

Source reference: para. 14
04

Reasoning

The court found significant discrepancies between the victim's (PW-1) court testimony and her initial written report (Ex.P-1); specifically, the report omitted details regarding being physically grabbed and the nature of the caste-based abuses.

Source reference: para. 11

The court noted that these were material omissions rather than minor ones, especially since the appellant had written the report herself.

Source reference: para. 11

Furthermore, eye-witnesses (PW-2 and PW-3) did not support the allegations of criminal force.

Source reference: para. 12

The court identified a potential motive for false implication, as a cross-case had been filed by the accused against the victim’s father on the same day as the alleged incident, and the victim's four-day delay in filing the FIR remained unsatisfactorily explained.

Source reference: para. 11, 13

Applying the *Mallappa* principles, the court determined that the trial court's view was legally plausible and lacked patent illegality.

Source reference: para. 15
05

Holding

The High Court answered the issues in the negative, holding that the prosecution failed to provide cogent and reliable evidence to overturn the presumption of innocence.

The court affirmed the trial court's decision, finding no perversity or error of law.

Source reference: para. 15

The acquittal appeal was dismissed at the admission stage.

Source reference: para. 16
Chhattisgarh High Court

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Ku. Kavita Uikey v. State of Chhattisgarh & Others [ACQA No. 9 of 2015 (2026:CGHC:10668)]

Chhattisgarh High Court · no citation

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