Kamal Ghorui
New Delhi: Observing that the discharge of an accused in a criminal case stands on a “better footing” than acquittal, the Supreme Court has held no disciplinary or administrative action can be initiated against a discharged person.Busting the myth that an accused, unless he is acquitted, carries the label of being accused, a bench of Justices Dipankar Datta and K V Viswanathan said that such an understanding of law is fallacious. “It is not the law that an accused, unless he is acquitted, must still carry the label on his forehead that he is accused of a criminal offence. Once an accused has been discharged, he is entitled to avail of all benefits that are otherwise available to an acquitted person and cannot be placed in a less advantageous position,” SC said.The court said a discharge is on a higher pedestal than an acquittal. “Acquittal is at the end of the trial process, maybe for a technicality or on benefit of doubt or (because) the prosecution could not prove the charge against the accused; but when an accused is discharged, it means that there are no materials to justify launch of a criminal trial against the accused. Once he is discharged, he is no longer an accused,” the bench said, while referring to SC’s previous verdict. “Discharge is a pre-trial termination of proceedings for lack of evidence. As and when ordered, discharge signifies and reinforces the position that there is no material against the accused for him to stand trial,” the SC bench said.
