24478) on 18 May, 2026

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    Rajasthan High Court – Jodhpur

    Urn: Crlmp / 7252U / 2023Binder Singh @ … vs State Of Rajasthan (2026:Rj-Jd:24478) on 18 May, 2026

    Author: Farjand Ali

    Bench: Farjand Ali

    [2026:RJ-JD:24478]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
            S.B. Criminal Miscellaneous (Petition) No. 3460/2023
    
    Binder Singh @ Sharwan Singh S/o Shri Kishan Singh, Aged
    About 40 Years, R/o Vpo 59F, Tehsil Shri Karanpur, District Sri
    Ganganagar. 335073 (Raj.)
                                                                       ----Petitioner
                                        Versus
    State Of Rajasthan, Through Pp
                                                                     ----Respondent
    
    
    For Petitioner(s)          :    Mr. RDSS Kharlia
    For Respondent(s)          :    Mr. N.S. Chandawat, DyGA
    
    
    
                    HON'BLE MR. JUSTICE FARJAND ALI

    Order

    18/05/2026

    SPONSORED

    1. The instant misc. petition under Section 482 of the Code of

    Criminal Procedure has been instituted by the petitioner laying

    challenge to the judgment dated 25.10.2016 passed by the

    learned Additional Sessions Judge, Sri Karanpur, District Sri

    Ganganagar in Sessions Case No.31/2008, whereby the petitioner,

    though acquitted of the offences punishable under Sections 148,

    307, 325, 324 and 323 read with Section 149 IPC, was extended

    the benefit of doubt by the learned trial Court.

    2. Shorn of unnecessary details, the petitioner was prosecuted

    along with six other accused persons in Sessions Case No.31/2008

    for offences under Sections 307, 323, 324, 325 and 148 read with

    Section 149 IPC and came to be acquitted by the learned trial

    Court vide judgment dated 25.10.2016 by extending benefit of

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    doubt. The petitioner has instituted the present misc. petition

    seeking modification of the nature of acquittal from “benefit of

    doubt” to an “honourable acquittal” on the ground that there was

    absolutely no incriminating evidence against him and most of the

    prosecution witnesses had either turned hostile or were not

    examined. It is averred that despite absence of any specific

    allegation against the petitioner, his services on the post of

    Patwari came to be terminated owing to the observations recorded

    in the judgment of acquittal. The petitioner thus seeks declaration

    of a clean acquittal contending that he was falsely implicated in

    the case due to prior enmity and there existed zero evidence

    connecting him with the alleged offence.

    3. Heard learned counsel appearing on behalf of the petitioner

    and learned Public Prosecutor appearing on behalf of the State as

    well as perused the material available on record.

    4. It is trite law that the Code of Criminal Procedure does not

    classify acquittals into compartments such as “honourable

    acquittal”, “clean acquittal” or “acquittal by benefit of doubt”.

    These expressions are not statutory expressions known to the

    criminal jurisprudence embodied under the Code. They are, at

    best, phraseologies occasionally employed in judicial discourse

    while appreciating evidence and recording conclusions. In the eye

    of law “Acquittal means Acquittal”, once a competent criminal

    court records an order of acquittal, the consequence flowing

    therefrom is singular and unambiguous, the accused stands

    acquitted.

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    4.1 The foundational principle of criminal jurisprudence is that

    every accused is presumed to be innocent unless the prosecution

    discharges its burden of proving the charge beyond all reasonable

    doubt. The burden never shifts. An accused is not required to

    establish his innocence with mathematical precision. The moment

    the prosecution fails to travel the distance required by law and is

    unable to prove the accusation beyond reasonable doubt, the

    inevitable legal consequence is acquittal. Thus, when a criminal

    court records that the prosecution has failed to establish the

    charge beyond reasonable doubt and consequently extends benefit

    of doubt to the accused, such acquittal cannot be treated as

    inferior, diluted or stigmatic in nature.

    4.2 Indeed, the presumption of innocence, which existed at the

    inception of the trial, does not get weakened after acquittal;

    rather, it stands reinforced and strengthened by the judicial

    determination rendered by a competent court of law after full-

    fledged trial. The acquittal, therefore, restores the legal status and

    dignity of the accused in full measure. Merely because an

    employee was once subjected to criminal prosecution cannot

    furnish a valid foundation for the State authorities to perpetually

    view him with suspicion or to visit him with adverse civil

    consequences, particularly after his acquittal has attained finality.

    The State, being a model employer, cannot be permitted to act on

    conjectures, surmises or residual suspicion contrary to the verdict

    of a competent criminal court. Consequently, once the petitioner

    stands acquitted in the criminal case, the mere use of the

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    expression “benefit of doubt” in the judgment cannot become a

    tool in the hands of the authorities to deny him legitimate service

    benefits or to create artificial impediments in his service career.

    5. The co-ordinate bench of this Court in the case of Avinash

    Kumar Dhilan Vs. State of Rajasthan and Ors. [S.B. Civil Writ

    Petition No. 1011/2024 decided on 27.03.2025] has elaborately

    discussed the concept of acquittal and how these are just phrases

    used by the Courts below. For the ease of reference, the relevant

    paragraph of the judgment are reproduced herein below:-

    “18. Similar controversy was involved in a case titled
    Sukhjit Singh v. State of Punjab3. Vide a judgment
    rendered therein incidentally by me, while as a Judge of
    Punjab and Haryana High Court, which in turn is based on
    Division Bench judgments of two different High Courts4. For
    ready reference, relevant thereof is reproduced
    hereinbelow:-

    “12. Every acquittal is honourable acquittal. There is
    nothing in the Criminal Procedure Code nor is there any
    rule of criminal jurisprudence for treating the effects
    and consequences of an honourable acquittal from an
    acquittal on failure of the prosecution to prove the case
    beyond reasonable doubt.

    13. A Division Bench of this Court in a case titled as
    Shashi Kumar v. Uttar Haryana Bijli Vitran Nigam and
    another
    , 2005 (1) SCT 576 relying in turn on another
    Division Bench of Madras High Court has held that the
    terms honourable acquittal or fully exonerated
    unknown in the Criminal Jurisprudence. His Lordship
    S.S. Nijjar, J. (as he then was of this Court) speaking
    for the Division Bench observed as below:-

    7. In any event, the terms “honourable acquittal”

    or “fully exonerated” are unknown in the Code of
    Criminal Procedure
    or in Criminal Jurisprudence.
    These terms came up for consideration before a
    Division Bench of the Madras High Court in the
    case of Union of India v. Jayaram, AIR 1960
    Madras 325. Rajammannar, C.J. Delivering the

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    judgment of the Division Bench observed as
    under:-

    There is no conception like “honourable acquittal”

    in Criminal Procedure Code The onus of
    establishing the guilt of accused is on the
    prosecution, and if it fails to establish the guilt
    beyond reasonable doubt, the accused is entitled
    to be acquitted.

    Clause (b) of Article 193 of the Civil Service
    Regulations which says that when a Government
    servant who was under suspension is honourably
    acquitted, he may be given the full salary to which
    he would have been entitled if he had not been
    suspended applies only to the case of
    departmental Inquiry.

    Where the servant was suspended because there
    was a criminal prosecution against him, and he
    was acquitted therein, and reinstated he is entitled
    under the general law, to the full pay during the
    period of his suspension. To such a case Article
    193(b)
    does not apply.”

    8. The aforesaid judgment of the Madras High
    Court was considered and followed by this Court in
    the case of Jagmohan Lal v. State of Punjab
    through Secy, to Punjab Govt. Irrigation and
    others, AIR 1967 (54) Punjab and Haryana 422
    (punjab). In that case, on acquittal, the petitioner
    was reinstated in service, but his period of
    suspension was not treated as the period spent on
    duty. He had, therefore, filed writ petition under
    Articles 226/227 of the Constitution of India
    claiming that he was entitled to full pay and
    allowances for the period of his suspension.
    Considering the impact of Rules 7.3,7.5 and 7.6 of
    the Punjab Civil Services Rules Vol.I Part-1, it was
    observed as follows:-

    (2) XXX XXX XXX

    The interpretation which has been put by the
    Government on the rule is incorrect. The blame
    which attached to the petitioner was that there
    was a criminal charge against him under which he
    was standing his trial. The moment he is acquitted
    of the charge, he is acquitted of the blame. In

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    criminal law, the Courts are called upon to decide
    whether the prosecution has succeeded in bringing
    home the guilt to the accused. The moment the
    Court is not satisfied regarding the guilt of the
    accused, he is acquitted. Whether a person is
    acquitted after being given a benefit of doubt or
    for that reasons, the result is that his guilt is not
    proved. The Code of Criminal Procedure does not
    contemplate honourable acquittal. The only words
    known to the Code are ‘discharged’ or ‘acquitted’.

    The effect of a person being discharged or
    acquitted is the same in the eyes of law. Since,
    according to the accepted notions of imparting
    criminal justice, the Court has to be satisfied
    regarding the guilt of the accused beyond a
    reasonable doubt, it is generally held that there
    being a doubt in the mind of the court, the
    accused is acquitted.

    I am, therefore, quite clear in my mind that the
    intention underlying Rule 7.5 can be no other
    except this” the moment the criminal charge on
    account of which an officer was suspended fails in
    a court of law, he should be deemed to be
    acquitted of the blame. Any other interpretation
    would defeat the very purpose of the rule. It is
    futile to expect a finding of either honourable
    acquittal or complete innocence in a judgment of
    acquittal. The reason is obvious; the criminal
    courts are not concerned to find the innocence of
    the accused. They are only concerned to find
    whether the prosecution has succeeded in proving
    beyond a reasonable doubt the guilt of the
    accused.””

    6. The factum of having undergone a criminal trial, by itself,

    cannot be treated as a disqualification nor can it be employed to

    adversely affect his service conditions including ACR, promotion,

    pay fixation, retiral benefits, seniority or other consequential

    entitlements. Needless to observe that unless a departmental

    enquiry, independent of the criminal proceedings, is initiated and

    the delinquent employee is found guilty therein in accordance with

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    law, no adverse inference can be drawn merely on account of his

    previous prosecution in a criminal case. Criminal proceedings and

    departmental proceedings operate in distinct fields. Therefore, in

    absence of any finding of guilt recorded in a duly constituted

    departmental enquiry, the acquittal of the petitioner in the

    criminal case must receive full effect and cannot be diluted by

    administrative suspicion or interpretative semantics attached to

    the nature of acquittal. This Court is of the considered opinion that

    once the competent criminal court has exonerated the petitioner,

    the respondents are not justified in treating the said acquittal as a

    blemish so as to obstruct or prejudice his service career in any

    manner whatsoever.

    7. Consequently, while declining the prayer seeking substitution

    or modification of the expression “benefit of doubt” into

    “honourable acquittal”, this Court deems it appropriate to clarify

    and direct that the acquittal recorded in favour of the petitioner

    vide judgment dated 25.10.2016 shall be treated as a complete

    acquittal in the eyes of law and the respondents shall not draw

    any adverse inference merely because the learned trial Court

    employed the expression “benefit of doubt” while recording

    acquittal.

    7.1 It is further directed that the respondents shall not deny,

    withhold or adversely affect the petitioner’s service benefits,

    continuity in service, seniority, promotional avenues, pay fixation,

    retiral dues or any other consequential benefits solely on account

    of the petitioner having faced criminal prosecution which

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    culminated in acquittal. The respondents are further restrained

    from treating the impugned judgment of acquittal as a stigma or

    blemish upon the service career of the petitioner. However, it is

    made clear that this order shall not preclude the competent

    authority from proceeding independently in accordance with law, if

    any departmental proceedings, separate and distinct from the

    criminal prosecution, are otherwise permissible and maintainable

    under the applicable service rules.

    8. In view of the above discussion, the instant misc. petition is

    disposed of.

    9. Stay petition and all pending applications also stands

    disposed of.

    (FARJAND ALI),J
    139-Mamta/-

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