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2019 Supreme(MP) 478
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Sheel Nagu, J.
Prashant Alias Shivpratap – Petitioner
Versus
State of M.P. - Respondent
M.Cr.C. No. 27101 of 2018
Decided On : 02-05-2019
For the Petitioner: R.D. Gautam
For the Respondent: Manish Nayak, Panel Lawyer
An acquittal can be categorized as honorable when there is a total absence of evidence to support the charge alleged.
Headnote:
Inherent Powers - Acquittal - Section 452 of Indian Penal Code - Section 232 of Criminal Procedure Code
Fact of the Case:
The petitioner seeks interference in the judgment of acquittal passed by JMFC Gohad, District Bhind, acquitting him from the charge punishable under section 452 of Indian Penal Code. The petitioner argues that the acquittal based on benefit of doubt would adversely affect his future employment prospects.
Finding of the Court:
The court finds that the prosecution failed to establish the charges beyond all reasonable doubt. The evidence revealed no house trespass took place, and thus the offense under section 452 of Indian Penal Code was not found to be committed. The court concludes that the acquittal is honorable and clean, not based on benefit of doubt.
Issues: Interference in judgment of acquittal, categorization of acquittal as based on benefit of doubt, impact on future employment prospects
Ratio Decidendi: The court emphasizes that the concept of honorable or technical acquittal is foreign to the scheme of Criminal Procedure Code. An acquittal can be categorized as honorable when there is a total absence of evidence to support the charge alleged. The court also highlights the absence of prosecution evidence to support the charge under section 452 of Indian Penal Code.
Final Decision: The petition is allowed, and the acquittal of the petitioner from the charge under section 452 of Indian Penal Code is declared clean and honorable.
JUDGMENT :
Inherent powers of this Court under section 482 of Criminal Procedure Code are invoked seeking interference in the judgment of acquittal passed on 21- 10-2016 in Criminal Case No. 35/2016 by JMFC Gohad, District Bhind acquitting the sole petitioner-Prashant alias Shivpratap from the charge punishable under section 452 of Indian Penal Code to the extent that the same is categorized as based on benefit of doubt.
2. Learned counsel for rival parties are heard on the question of admission and final disposal.
3. Learned counsel for petitioner submits that though he has been acquitted of the charge of offence punishable under section 452 of Indian Penal Code which relates to house trespass after preparation of causing hurt assault or wrongful restrain but despite the prosecution having failed to establish even an iota of the charges the learned trial Judge instead of honourably acquitting the petitioner has categorized the acquittal as based on benefit of doubt. It is submitted that petitioner is a young man aged about 24-25 years old and the said technical acquittal would adversely affect his prospects of a public employment in the future.
4. The criminal law in India does not recognize the concept of honourable, clean or technical acquittal. These sub-categories of acquittal are foreign to the scheme of Criminal Procedure Code. However, these sub-categories assume relevance when used in the field of service jurisprudence. Section 232 of Criminal Procedure Code provides for acquittal which is reproduced below for ready reference and inconvenience :-
Section 232. Acquittal - If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.
5. The aforesaid provision contemplates that after collecting the evidence for the prosecution, examining accused and hearing the prosecution and the defence, the trial Court finds that there is no evidence that the accused has committed any offence alleged against him, the trial Court shall record an order of acquittal. The term “acquittal” is neither defined in Criminal Procedure Code nor in Indian Penal Code, therefore, resort will have made the dictionary meaning of the said expression.
Chambers - 21st Century Dictionary
Publishing Director - Robert Allen
Acquittal :- A declaration in a court of law that someone is not guilty of the crime, etc. of which they have been accused.
Concise Oxford English Dictionary, South Asia Edition.
Editor :- Angus Stevenson, Maurice Waite.
Acquittal :- A judgment or verdict that a person is not guilty of a criminal charge.
6. The attention of this Court has already been invited to Para 24 of Dy. Inspector General of Police and anr. vs. S. Samuthiram, (2013) 1 SCC 598 which is reproduced below :-
24. The meaning of the expression ‘honourable acquittal’ came up for consideration before this Court in Management of Reserve Bank of India, New Delhi v. Bhopal Singh Panchal, (1994) 1 SCC 541. In that case, this Court has considered the impact of Regulation 46(4) dealing with honourable acquittal by a criminal court on the disciplinary proceedings. In that context, this Court held that the mere acquittal does not entitle an employee to reinstatement in service, the acquittal, it was held, has to be honourable. The expressions ‘honourable acquittal’, ‘acquitted of blame’, ‘fully exonerated’ are unknown to the Code of Criminal Procedure or the Penal Code, which are coined by judicial pronouncements. It is difficult to define precisely what is meant by the expression ‘honourably acquitted’. When the accused is acquitted after full consideration of prosecution evidence and that the prosecution had miserably failed to prove the charges levelled against the accused, it can possibly be said that the accused was honourably acquitted.
7. The aforesaid view of the Apex Court has been re
