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PETITIONER: THE STATE OF MADHYA PRADESH
Vs.
RESPONDENT: VEERESHWAR RAO AGNIHOTRY
DATE OF JUDGMENT: 05/04/1957
BENCH: MENON, P. GOVINDA BENCH: MENON, P. GOVINDA DAS, SUDHI RANJAN (CJ) IMAM, SYED JAFFER DAS, S.K. SARKAR, A.K.
CITATION: 1957 AIR 592 1957 SCR 868
ACT: Autrefois acquit--Trial for offences under s. 409 of the Indian Penal Code and s. 5(2) of the Prevention of Corruption Act--Acquittal of charge, under s. 5(2)--Whether conviction under s. 409 barred--Code of Criminal Procedure s. 403--Constitution of India Art. 20(2)--General Clauses Act s. 26.
HEADNOTE: The accused was tried by a Special Judge for offences under s. 409 Of the Indian Penal Code and S. 5(2) of the Prevention of Corruption Act. He was convicted under S. 409 but the judge held that the accused could not be tried under s. 5(2) as there had been no investigation by a police officer not below the rank of a Deputy Superintendent of Police. Upon appeal by the accused against the conviction under s. 409, the High Court applying the doctrine of autrefois acquit held that the order of the judge in respect of the charge under s. 5(2) was tantamount to an acquittal for that offence and on the same facts no conviction could be had under S. 409 : Held, that the offences under S. 409 of the Indian Penal Code and under S. 5(2) of the Prevention of Corruption Act were di...