Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment for post of constable – Disqualification for appointmentService Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Appointment for post of constable – Disqualification for appointment – Advertisement provided for disqualification clause that only those candidates would be qualified to appear who have not been convicted for offence of moral turpitude, violent activities and not honourably acquitted by court – Respondent-candidate was found ineligible since in a criminal case under ss.302, 323, 341, 34 IPC, he was not acquitted honourably but was acquitted on benefit of doubt – High Court held in favour of respondent – Appeal by employer-State – Held: The mere fact of an acquittal would not suffice but rather it would depend on whether it was a clean acquittal based on total absence of evidence or in the criminal jurisprudence requiring the case to be proved beyond reasonable doubt, that parameter having not been met, benefit of doubt has been granted to the accused – No doubt, in that case, the person who ran the tractor over the deceased lady was one of the other co-accused but the role assigned to the others including the respondent was not of a mere bystander – The attack with knives was alleged against all the other co-accused including the respondent – During trial, a compromise was entered with complainant in favour of accused persons under ss.341, 323 IPC – However, since no compromise was possible for offence under s.302, trial continued – The prosecution witnesses having turned hostile, prosecution failed to prove case against the accused persons beyond reasonable doubt and accused were granted benefit of doubt resulting in their acquittal – This cannot fall under the category of a clean acquittal and the trial court was thus right in using the terminology of benefit of doubt in respect of such acquittal – Thus, respondent was rightly held not eligible to appointment – Penal Code, 1860 – ss.302, 323, 341 – Criminal jurisprudence – Benefit of doubt.Words and Phrases: Expression “honourable acquittal” – Meaning of. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2021 INSC 208 |
Petitioner | The State Of Rajasthan & Ors. |
Respondent | Love Kush Meena |
SCR | [2021] 2 S.C.R. 1192 |
Judgement Date | 2021-03-24 |
Case Number | 3894 |
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