( 1 ) RULE. WITH consent of learned counsel for the parties, the petition is taken up for final disposal.

( 2 ) THE only quetion which arises for consideration in the present petition is whether the judgment of the trial court dated 22nd February, 2000 should be construed as a case of clean acquittal or a acquital as a consequence of benefit of doubt. The relevant para 11 is as under:

"11. In the light of best possible evidence not brought on record. In the light of AIR 1984 SC 1622 and AIR 1987 sc 1572; the benefit of doubt tilts in favour of the accused. Accordingly the accused is held not guilty and acquitted of the charged offence u/s 381 Indian Penal Code. "

( 3 ) THUS though the expression used is that "the benefit of doubt tilts in favour of the accused" the final order is that accused is not held guilty and acquitted of the charges under Section 381 Indian Penal Code.

( 4 ) A perusal of the order would show the nature of evidence adduced by the prosecution. The same is as under :

"9. PW-1 Gulab Rai Asstt. Manager, uco Bank was examined but deferred. He was not produced for cross-examination. In consequence thereby his deposition cannot be looked into and reli