SUPREME COURT OF INDIA

Before:- K.T. Thomas and D.P. Mohapatra, JJ.

Criminal Appeal No. 142 of 1992. D/d. 11.3.1999.

State of A.P. - Appellant

Versus

K. Allabakash - Respondent

Departmental Enquiry - Decision to initiate - Acquittal in criminal Proceedings - Effect - The respondent was convicted of the offence under Section 302 of the Indian Penal Code - The High Court acquitted him for want of evidence - All material witnesses for proving the prosecution case have turned hostile - High Court has come to the correct conclusion that prosecution has failed to prove the case against the respondent - Acquittal of the respondent shall not be construed as a clear exoneration of the respondent, for the allegations call for departmental proceedings, if not already initiated.

[Para 2]

ORDER

K.T. Thomas, J. - The respondent, a Sub-Inspector of Police was convicted of the offence under Section 302 of the Indian Penal Code for causing the death of a prisoner in the police station. The High Court, on an appeal filed by the respondent, acquitted him for want of evidence. All material witnesses for proving the prosecution case have turned hostile, including PW 1, the son of the deceased. After hearing learned counsel for the State and perusing the relevant documents we are of the view that the High Court has come to the correct conclusion that prosecution has failed to prove the case against the respondent.

2. However, we make it clear that acquittal of the respondent shall not be construed as a clear exoneration of the respondent, for the allegations call for departmental proceedings, if not already initiated, against him.

3. With the said observations we dispose of this appeal.

Appeal dismissed.