AIR 1963 RAJASTHAN 14 ::1962 RajLW 403 ::ILR (1962) 12 Raj 400

Rajasthan High Court

Hon'ble Judge(s): J. S. Ranawat , C.J. AND P. N. Shinohal , J

Criminal P.C. (5 of 1898) , S.403, S.235, S.236, S.237— Previous conviction u/S.409, Penal Code - Subsequent trial u/S.477A, Penal Code on same facts not barred. A comparison of the ingredients of an offence under section 409 with that of 477A, Penal Code makes it apparent that the ingredients of the two offences are different from each other and the only common point is the capacity of the accused being that of an employee. There is no scope for any doubt as to whether one offence is committed or the other, and provisions of Ss. 236 and 237 Criminal Procedure Code cannot be invoked in such a case. The trial of the accused for offence under S. 477A, Penal Code cannot be held to be barred by his previous conviction for an offence under S. 409, Penal Code in respect of the same transaction. There is no bar under S. 403(1), Criminal Procedure Code to the subsequent trial of the accused for an offence under S. 477A, I. P. C. for the simple reason that alternative charges could not have been framed against the accused at the previous trial as per S. 236, Criminal Procedure Code for offences under Ss. 409 and 477A, Penal Code. The case is covered by S. 403(2), Criminal Procedure Code and subsequent trial is permissible under it. (Held, however, that as the accused had already been suitably punished for the offence of criminal breach of trust it appe....