BOM BAHADUR THAPA Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) Rule. With consent of learned counsel for the parties, the petition is taken up for final disposal.

(2.) The only quetion which arises for consideration in the present petition is whether the judgment of the trial court dated 22nd February, 2000 should be construed as a case of clean acquittal or a acquital as a consequence of benefit of doubt. The relevant para 11 is as under:

(3.) Thus though the expression used is that "the benefit of doubt tilts in favour of the accused" the final order is that accused is not held guilty and acquitted of the charges under Section 381 Indian Penal Code.