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Showing contexts for: honourable acquittal in R Prabu vs Ut Of Puducherry on 10 June, 2025Matching Fragments
5. It is also submitted that the term "honourable acquittal" is not a statutory expression under the Code of Criminal Procedure and is unknown to criminal jurisprudence. The criminal justice system recognizes only two outcomes conviction or acquittal. In the present case, the learned Judicial Magistrate specifically recorded that the prosecution failed to prove the charges and the evidence was disbelieved. Therefore, the acquittal, notwithstanding the use of the term "benefit of doubt," must be considered as a full and honourable acquittal in substance.
10. In order to finalize the candidature of the 18 candidates, including the applicant, the matter was placed before the Screening Committee. At its meeting held on 22.06.2022, the Committee decided to refer the matter to the Law Department, Government of Puducherry, for legal opinion. The Law Department opined that in view of the rulings of the Hon'ble Supreme Court, an acquittal based on benefit of doubt, especially in cases where witnesses have turned hostile, cannot be construed as an "honourable acquittal."
"7. The consequent issue to be addressed in this case, as to whether the honourable acquittal could disqualify the petitioner from the appointment has been answered by the Hon'ble Supreme Court in Joginder Singh Vs. Union Territory of Chandigarh and Others (2015) 2 SCC 377. The relevant observation is extracted below;
"19. Further, an acquittal of the appellant is an "honourable"
acquittal in every sense and purpose. Therefore, the appellant should not be deprived from being appointed to the post, in the public employment, by declaring him as unsuitable to the post even though he was honourably acquitted in the criminal case registered against him."
21. We find it perplexing that, in cases where individuals similarly placed as the applicant were acquitted by the criminal court through what is termed as "honourable acquittal," a different approach has been adopted in the applicant's case. The rationale behind such a divergent stance by the respondents remains unclear to us.
22. While the rejection of the applicant's candidature solely on the ground that the acquittal was merely an honourable acquittal appears inconsistent and discriminatory. It is particularly noteworthy that even individuals who have admitted to the offence and subsequently compounded it have been appointed.