High Court quashes dacoity case against 10

High Court quashes dacoity case against 10
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Justice Dr Siva Shanker Rao of the High Court at Hyderabad quashed criminal proceedings against K Suresh and nine others in a case of dacoity.  It is the case of the petitioners that they were earlier tried for an offence of dacoity and acquitted.  On the same set of facts they were now being prosecuted for the offence of “assembling for the purpose of committing dacoity”.   

Hyderabad: Justice Dr Siva Shanker Rao of the High Court at Hyderabad quashed criminal proceedings against K Suresh and nine others in a case of dacoity. It is the case of the petitioners that they were earlier tried for an offence of dacoity and acquitted. On the same set of facts they were now being prosecuted for the offence of “assembling for the purpose of committing dacoity”.

In his verdict Dr Shiv Shanker pointed out that Section 300 of the Criminal procedure code clearly lays down that earlier acquittal or conviction is a bar for trial again for the same offence or even on same facts for any other offence. The judge also referred to Article 20 of the Constitution of India that guarantees against double jeopardy and conviction for the same offence twice.

He pointed out that it was open for the prosecution to try the accused for both offences at one time but having acquitted the accused after trial for one of the offences on the same set of facts, the prosecution cannot be permitted to try them yet again for a different offence.

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