MOHAMMAD AZHAR HUSSAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein stood trial for offences punishable under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and after fulldressed trial he was acquitted of the said offences by the jurisdictional special court (under the Prevention of Corruption Act, 1988) by judgment and order dated 24.04.2018, but the said acquittal is based on extending the benefit of doubt. Petitioner seeks to expunge remarks "benefit of doubt" from the judgment and order dated 24.04.2018 (paragraph-85), principally on the ground that same operated as a stigma for getting service benefit on retirement and also cast aspersion on his integrity.

(2.) The State of Chhattisgarh has filed its return opposing the writ petition stating inter alia that petitioner has been acquitted extending the benefit of doubt on the basis of evidence on record as the petitioner is not entitled for honourable/clean acquittal on the evidence brought-out by the prosecution as such acquittal of petitioner is based on benefit of doubt is supportable in law and writ petition deserves to be dismissed as petitioner's remedy, if any, is to file appeal against the judgement and order dated 24.04.2018.

(3.) No rejoinder has been filed by the petitioner in opposition of the return filed by the respondent/State.