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"33. In view of the above, the law is well settled that in order to attract
the provisions of Article 20(2) of the Constitution i.e. doctrine of
autrefois acquit or Section 300 Code of Criminal Procedure. or Section
71 Indian Penal Code or Section 26 of General Clauses Act, ingredients
of the offences in the earlier case as well as in the latter case must be
the same and not different. The test to ascertain whether the two
offences are the same is not identity of the allegations but the
identity of the ingredients of the offence. Motive for committing
offence cannot be termed as ingredients of offences to determine
the issue. The plea of autrefois acquit is not proved unless it is
shown that the judgment of acquittal in the previous charge
necessarily involves an acquittal of the latter charge."