Setting aside a Magistrate court finding, the Madras High Court has made it clear that an acquittal shall be an order of simple acquittal of an accused in a criminal case where there is no evidence against him and trial courts shall not employ expressions such as "not proved beyond reasonable doubt."
A perusal of the judgment of the trial court would go to show that no one has spoken anything incriminating about the accused. Therefore, the trial court should have acquitted him by recording an order of acquittal without adding any adjectives such as 'not proved beyond reasonable doubt' or 'by giving the benefit of doubt,' Justice S.Nagamuthu said. "The trial court should have acquitted the accused simpliciter without adding any qualification to the word 'acquittal,' the judge said.
Justice Nagamuthu was setting aside the finding recorded by the Judicial Magistrate II of Panrutti in which he had acquitted one E.Kalivarathan saying Kalivarathan was acquitted because the charges against him have not been proved beyond reasonable doubt. Kalivarathan was an accused in a criminal case with eight accused whereas no witnesses implicated him in any manner with the alleged crime in the case. The Magistrate acquitted all the accused including Kalivarathan giving benefit of doubt.
When Kalivarathan applied for the post of Grade II constable the recruitment board rejected his candidature on the ground that the acquittal was not a 'honourable acquittal.' Hence Kalivarathan filed a criminal revision petition to convert the acquittal as an honourable acquittal.
"If there are findings in the order or judgment of acquittal, which are adverse to the interest of the accused, as an aggrieved person, he should have the remedy to get the adverse findings set aside.If the accused does not get this finding expunged, he may have to carry the stigma about his character throughout his life. This would certainly result in civil consequence as it relates to his moral character." The judge rejected the contention of the Additional Public Prosecutor that an acquitted person does not have a right of appeal. "Section 397 of the Code of Criminal Procedure paves the way for an acquitted person to challenge the adverse remarks made against him,and the adverse findings made against him in the order of acquittal," the judge said.
The Judge referred to the order of a Division Bench of the court which dealt with a similar case in which it was referred to the bench to decide whether a criminal court can employ the expression 'Honourable Acquittal' while acquitting an accused. In his order, the judge said "the answer given by the Division Bench to two questions which were not at all referred, will have no binding force on me, even though I do not have much of different view than the view taken by Division Bench."
"The Division Bench has not dealt with the difference between an acquittal in simple terms and an acquittal by extending the 'benefit of doubt'." "There is a vast difference between these two. If there is no evidence at all against the accused in support of charge it is mandatory for the court to record an 'order of acquittal," the judge said.
The judge said as per the Criminal Procedure Code, there are only two provisions under which it should be a 'judgment of acquittal' and 'judgment of conviction.' Stating that the criminal courts can use the expressions 'beyond reasonable doubt' or 'giving benefit of doubt', the judge said they are not free to use these terms inappropriately when the accused is acquitted on the ground that there is no evidence against him. The judge then made it clear that the accused who is aggrieved by the adverse remarks made by the court is entitled for the appeal or revision to expunge the remarks under sections 397 and 401 of CrPC.
Source: http://www.dnaindia.com/india/report-an-acquittal-should-be-an-order-of-simple-acquittal-madras-high-court-2047034
