Supreme Court of India · 1957-04-05
THE STATE OF MADHYA PRADESH vs VEERESHWAR RAO AGNIHOTRY
- Citation / case number
- SC 1954/90283
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF MADHYA PRADESH
- Respondent
- VEERESHWAR RAO AGNIHOTRY
- Author
- DAS, SUDHI RANJAN (),IMAM, SYED JAFFER,DAS, S.K.,MENON, P. GOVINDA,SARKAR, A.K.
- Bench
- DAS, SUDHI RANJAN (CJ),IMAM, SYED JAFFER,DAS, S.K.,MENON, P. GOVINDA,SARKAR, A.K.
Judgment text excerpt
The Supreme Court held that the offences under Section 409 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act are distinct, allowing for separate trials and convictions. The Court ruled that the High Court's application of the doctrine of autrefois acquit was incorrect, as the acquittal under Section 5(2) did not bar conviction under Section 409. It clarified that Article 20(2) of the Constitution and Section 403(1) of the Code of Criminal Procedure do not apply when there is only one trial for multiple offences, affirming the conviction under Section 409 IPC.