Facts of the Case
- A was prosecuted and acquitted by a competent court for committing theft.
- After the acquittal, new evidence relating to the same offence is discovered.
- Authorities now seek to prosecute A again for the same theft based on this new evidence.
Issues in the Case
- Can a person be prosecuted again for the same offence after being acquitted?
- Does discovery of new evidence allow fresh prosecution?
- What is the protection available under the principle of double jeopardy?
Principles Associated With It
- Section 300(1) CrPC: A person once acquitted by a competent court cannot be tried again for the same offence, even if new evidence comes to light.
- Article 20(2) of the Indian Constitution: Prohibits double jeopardy — “No person shall be prosecuted and punished for the same offence more than once.”
- The principle of autrefois acquit (previously acquitted) applies — once acquitted, a person is presumed innocent and cannot be retried for the same act.
- Exception: If the acquittal was by a court lacking jurisdiction or was the result of fraud or collusion, retrial may be considered.
Judgement
- The second prosecution is illegal. A cannot be tried again for the same offence of theft merely because new evidence has been found.
- The protection under Section 300 CrPC and Article 20(2) ensures finality of acquittals.
- Therefore, the second prosecution must be quashed, and A remains protected from double jeopardy.