Q: Discuss the judgement of citation of 'SUSHIL KUMAR SHARMA V. UNION OF INDIA[v] (2005)' ?

Ans: In this citation, it was observed by honourable Supreme Court that there have been many instances where the complaints were not bona fide and have been filed with oblique motive. In such cases, acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial.

The Court opined that merely because the provision is constitutional and intra vires, it does not allow unscrupulous persons to wreck personal vendetta or unleash harassment. Till the time the legislature does not find a solution to the frivolous complaints, the courts have to take care of the situation within the existing framework.

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