• Honourable acquittal

1 In IPC 406 by ex wife, I was acquitted on basis of MCD by the trial court, while in 498A I was acquitted on the basis of lack of evidence (Sakshya ke abhaav me). Is this acquittal non-honourable, in the context of government service?

2 I am an Assistant Professor in a government university. Matrimonial FIR @498A, 406 was filed against me, after I was regularized in the service. After filing of FIR, I was given benefit of 41A CrPC, but I didn’t inform my office about the cases. If I inform my office about the above acquittal, is it safe and advisable?

3 What are the chances of getting an honourable acquittal after full trial, and not on the basis of lack of evidence, etc in matrimonial cases when OP has zero evidence, being a totally false case?

4 Would I face any issues in applying for civil jobs/ civil services, if I am not honorably acquitted, but acquitted on the basis of lack of evidence?

5 Should I file a criminal revision in the high court to get the above adverse remarks regarding my acquittal expunged or should I first move application to the trial court itself or the session court?
Asked 2 years ago in Family Law
Religion: Muslim

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12 Answers

If acquittal had already been recorded in a case involving moral turpitude or offence of heinous/serious nature, on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents, and may take appropriate decision as to the continuance of the employee."

2) you should not suppress material facts regarding acquittal in 498 A case from your employer 

 

3) it is necessary to peruse impugned order to advice 

 

4)you would face issues in applying for govt jobs 

 

 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

  1. (Sakshya ke abhaav me) means due to want of evidence. This acquittal is honourable with regard to 498A. Compounding of offence under Section 406 is permissible under the provision, hence this is also an honourable acquittal.
  2. Failure to inform of filing of non-bailable cases amounts of misconduct, you will face action of  
  3. As the cases are compounded, you will not have opportunity to establish you innocence by facing trial.
  4. You acquittal is honourable being due to want of evidence.
  5. Once case is closed on basis of MCD, it cannot be reopened.

 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

The term “Honorable acquittal” is nowhere defined under our laws and it is the invention of Indian judiciary.

It can be apparently inferred that if an accused is acquitted not because of the fact that he is innocent but owing to the failure on the part of prosecution to prove the guilt with sufficient evidence, it would not be considered as Honorable acquittal. 

You can file an appeal in sessions court against the order of the trial court, if you can prove that your wife's case was a concocted one without any legal legs to stand on its own.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear Client, 

Normally civil matters do not affect for govt job selections but many posts are sensitive and disclosure is required for selections as per the norms of concerned authorities. And As per the facts provided by you, you should first move an application to the trial or session court.

Thank You 

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

Yes you can file a criminal revision in the above case for the same. It will not affect your job and you will get  clean acquittal

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

if the acquittal is directed by the court on consideration of facts and material evidence on record with the finding of false implication or the finding that the guilt had not been proved, accepting the explanation of accused as just, it be treated as honourable acquittal.

Benefit of doubt: Under this concept, the defendant is considered to be acquitted by the court if his or her offence has not been established, which means when the prosecution fails to provide the legal evidence against the defendant or an accused of the offence he or she has committed, the employer should take into consideration all the government rules, orders, and instructions that apply to the employee before the selection process.

2. If you are already employed and a case was filed against you subsequently then it is not necessary for you to divulge the details of the criminal case pending agaisnt you because until you are convicted of the charges you are not guilty of the offences 

3.  if the acquittal is directed by the court on consideration of facts and material evidence on record with the finding of false implication or the finding that the guilt had not been proved, accepting the explanation of accused as just, it be treated as honourable acquittal.

4.  In the absence of any definition in the code of Criminal Procedure, it is very difficult to define what is the meaning of the words “honourable acquittal”. Again it depends upon the facts and circumstances of each case. The Court could reasonably presume that if an accused is acquitted or discharged because of some technicality not having been complied with or on the ground that though there is some evidence against him, he must be acquitted by giving the benefit of doubt, it may not amount to an honourable acquittal. On the other hand, if an accused is acquitted after full consideration of evidence because the prosecution witnesses are disbelieved and the prosecution has miserably failed to prove the charges, it would amount to an honourable acquittal. In the event the Court while acquitting an accused neither say that the case against him is false nor does it say that the accused has been acquitted on the ground of benefit of doubt, then the acquittal may be honourable acquittal or acquittal of all blame.”

5. The above answer will provide you the hints for the topic you are looking for. 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

  1. NO
  2. Non disclosure of criminal case has repercussion.
  3. No scope left
  4. Matrimonial dispute, so problem will arise. but must disclose.
  5. Not maintainable.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

It is advisable to mention that no dowry was demanded or given 

 

2) no need to have it on stamp paper 

 

3) independent witnesses should sign 

 

4) no such procedure 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. It is nothing but your own imagination that no action can be taken against you if you obtain this kind of declaration, if a false complaint is given subsequent to the marriage even after signing this declaration, police cannot refuse to accept the complaint, which has to be handled by you only before the trial proceedings.

2. Read the above answer, i.e., whether you get the declaration in a stamp paper or a plain paper, it is not  valid document to claim exemption from any such action that may be initiated against you,

There is no provisions in law to obtain such declarations from the girl side.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

No Use neither any such declaration issued.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Dear Client, 

You can get in writing from the bride / her parents stating that they neither give any nor you demanded any dowry, the same can be signed by her / her parents. The above will serve your purpose. It can be done on regular or stamp paper.

Thank You

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

1. You can

2 normal then notarize

3. Yes

4. No

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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