Double jeopardy
Suresh Babu
(Querist) 10 November 2012
This query is : Resolved
Subject : Double jeopardy
Message :
I have a query on double jeopardy. An FIR is filed against some bank employees. After investigation, the prosecution files 2 cases. For its own convenience or on some basis, the prosecution splits it into two cases mentioning one set of transactions in one case and another set of transactions in another case. Trial is over in one case and an appeal is pending against the order passed by the trial court. meanwhile, prosecution is going ahead with the trial in the other case. Is it a violation of article 20(2) of the constitution, which states that a person cannot be punished twice for the same offence. In this matter, there is one FIR but the no. of cases registered is two.Does it amount to double jeopardy? Is there any case law in this regard?
Dr V. Nageswara Rao
(Expert) 11 November 2012
It does not amount to double jeopardy if the two offences are distinct and seperate.Look to the charges and check. Charge mentions the section of the criminal statute.
Sudhir Kumar, Advocate
(Expert) 12 November 2012
you are yourself saying it was a separate transaction. So you know that it is separate charge as each transaction amount to independent crime.
Sudhir Kumar, Advocate
(Expert) 12 November 2012
fresh query at http://www.lawyersclubindia.com/experts/Double-Joepardy-351906.asp
