Principle: No one shall be prosecuted for the same offence more than once. Facts: Kalu Jadav a famous thief gets on a train from New Delhi to Mumbai without tickets. At Bhopal Junction he gets caught by a T.T.E. and he is asked to pay the fine for travelling without ticket. He pays the fine and according to the instructions from the T.T.E. gets off at the Bhopal Junction. As per his notorious characteristic he again boards the same train in a different bogey. On the way from Bhopal to Mumbai, he tries robbing few passengers and is caught again. The local police at the Mumbai Junction prosecute Kalu for robbery and also imposes a fine on him for travelling in the train without tickets. Kalu claims that this is not permissible under the principle of protection against double jeopardy. a Only a case of robbery can be made against Kalu. b Kalu will not have to pay the fine again but can be held liable for robbery. c K alu will be liable for both robbery and travelling without tickets. d It was T.T.E.’s duty to not let Kalu board the train again. Therefore Kalu is not liable for the payment of second fine
Posted on: Tue, 26 Nov 2013 08:52:12 +0000
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