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24. The learned trial Court, by judgment and order dated 26.04.2009, observed that there is a reasonable doubt on the evidence of the prosecution and, therefore, the accused (the appellant and another) are entitled for benefit of doubt and, accordingly, acquitted them.

25. In the context of acquittal in a criminal case qua appointment in public service, an expression "honourable acquittal" has come to be acknowledged by virtue of judicial pronouncements.

26. The meaning of expression "honourable acquittal" came up for consideration in S. Samuthiram (supra), wherein the Hon'ble Supreme Court, at paragraphs 21 and 22, observed as follows:

"21. 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 HCJ & NJS,J 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.

27. In State of Rajasthan (supra), at paragraphs 15 and 27, the Hon'ble Supreme Court observed as follows:

"15. It is pointed out that various nuances arising in this judgment has been considered even in the subsequent judgments. In Union territory, Chandigarh Administration v. Pradeep Kumar, a two Judge Bench of this Court dealt with the expression "honourable acquittal". It was opined that acquittal in a criminal case was not conclusive for suitability of the candidate concerned and it could not always be inferred from an acquittal or discharge that the person was falsely involved or has no criminal antecedents. Thus, unless it is an honourable acquittal, the candidate cannot claim the benefit of the case. No doubt, it was mentioned by relying on the earlier judgment of this Court in Inspector General of Police v. S. Samuthiram that while it was difficult to define precisely what is meant by the expression "honourable acquittal", an accused who is acquitted after full consideration of the prosecution evidence and prosecution has miserably failed to prove the HCJ & NJS,J charges levelled against the accused, it can possibly be said that the accused was honourably acquitted. In this context, it has been specifically noticed by this Court that entry into the police service required a candidate to be of good character, integrity and clean antecedents. Finally, it was opined that the acquittal in a criminal case does not automatically entitle a candidate for appointment to the post, as a person having criminal antecedents will not fit in this category.

28. A perusal of the above judgments would go to show that while it is difficult to give a precise definition of the expression "honourable acquittal", it can possibly be said that when the accused is acquitted after full consideration of prosecution evidence and the prosecution had HCJ & NJS,J miserably failed to prove the charges, it can possibly be said that the accused was honourably acquitted.

29. Acquittal in a criminal case is not conclusive for suitability of a candidate. It cannot always be inferred from an acquittal or discharge that the person was falsely implicated or has no criminal antecedents. Unless it is a case of honourable acquittal, the candidate cannot claim the benefit of the case.