Supreme Court of India
T.P. Gopalakrishnan v. State of Kerala
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid discussion, we find that the Trial Court as well as the High Court were not right in convicting and sentencing the appellant herein and therefore, the impugned judgments are liable to be set aside.
Judgment, page 25
From the headnote
Constitution of India: Art.20(2) – Protection against double jeopardy – Code of Criminal Procedure – s.300 – ‘Same offence’ meaning of – Appellant-accused worked as Agricultural of ficer for the period 31.05.1991 to 31.05.1994 – Accusations a gainst him was that he committed criminal breach of trust and misappr opriated certain amount in his official position as a public se rvant, by not remitting the same to the sub-treasury – Accusations r elated to time period from 27.04.1992 to 25.08.1992 and 01.03.1993 to 12.04.1994 – Trial Court convicted the appellant fo r offences u/ ss.13(2) r/w
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