Simultaneous Prosecution Of Accused U/S 420 IPC & S.138 NI Act On Same Set Of Facts Not Double Jeopardy

Case: Fayaz Ahmad Sheikh Vs. Mushtaq Ahmad Khan

Coram: Justice Sanjay Dhar

Case No.: CRM(M) No.280/2021

Court Observation: “The fundamental right which is guaranteed under Article 20 (2) enunciates the principle of “autrefois convict” or “double jeopardy” i.e. a person must not be put in peril twice for the same offence . The test is whether the former offence and the offence now charged have the same ingredients in the sense that the facts constituting the one are sufficient to justify a conviction of the other and not that the facts relied on by the prosecution are the same in the two trials. A plea of “autrefois acquit” is not proved unless it is shown that the verdict of acquittal of the previous charge necessarily involves an acquittal of the latter.”

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Keywords

Simultaneous Prosecution, Double Jeopardy