Chhattisgarh High Court Upholds Acquittal in Tadmetla Attack Case, Says Suspicion Alone Cannot Convict Despite Killing of 76 Security Personnel

Raipur: The Chhattisgarh High Court has dismissed the State government’s appeal in the Tadmetla Naxal attack case, upholding the acquittal of 10 accused persons in connection with the 2010 ambush on security personnel in South Bastar. A division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, in its order dated May 5, observed that the prosecution failed to prove the charges beyond reasonable doubt and that the findings of the trial court could not be termed perverse.
The case pertains to the April 6, 2010 attack in the Tadmetla forest area, where CRPF and police personnel engaged in an area domination exercise were allegedly ambushed by Naxalites. According to the prosecution, 76 security personnel were killed in the incident, while weapons were looted and explosive devices planted at the site.
During the hearing, the State argued that the trial court had ignored crucial evidence, including the alleged confession of one accused recorded under Section 164 of the CrPC, recovery of tiffin bombs and explosive materials, and circumstances surrounding the sudden assault. The State also contended that the trial court wrongly rejected its plea to examine injured CRPF personnel who were claimed to be eyewitnesses.
However, the High Court noted that the prosecution failed to establish proper identification and corroborative evidence against the accused. The bench observed that all prosecution witnesses had turned hostile, no eyewitness identified the accused persons, and no weapons or explosives were recovered from their possession.
The court further pointed out that the FSL report was not produced, mandatory sanction under the Arms Act was not obtained, and the alleged confession lacked independent corroboration. Referring to Supreme Court rulings on appeals against acquittal and principles governing circumstantial evidence, the bench held that the trial court had adopted a reasonable and plausible view while the chain of circumstances remained incomplete.
The judges emphasized that even in a case involving massive loss of life, conviction cannot rest merely on suspicion and must be based on legally admissible evidence.
The High Court also expressed concern over the failure of investigating agencies to identify the actual perpetrators despite the seriousness of the attack. At the same time, it stressed the need for greater diligence in future investigations involving major crimes, including proper forensic collection, examination of witnesses, and strict adherence to procedural safeguards.
With the dismissal of the appeal, the acquittal recorded by the trial court remains intact, bringing the State’s challenge in the long-pending matter to a close. The High Court registry has been directed to forward copies of the judgment to senior state authorities and the trial court for necessary compliance.



