Punjab the Apex Court considered the ambit of Section 403 of the Code of Criminal Procedure. It was held that the effect of a verdict ... case, to be applicable to criminal proceedings is excluded by reason of the provisions of the Criminal Procedure Code . After considering the matter at length
defence
that the present trial was barred by s. 403, Criminal
Procedure Code by reason of the acquittal of the accused
under s. 188 , Indian ... judicata applicable to
criminal proceedings was not confined to cases falling
within the bar of s. 403 , Criminal Procedure Code but was of
wider application
rule of issue-estoppel is not covered by s. 403,
Criminal Procedure Code , which deals with the principle of
autrefois acquit: but that section does ... reception of ,evidence to disturb the finding of fact.
Section 403 , Criminal Procedure Code embodies in
statutory form the accepted English rule of autrefois
acquit
Principle of finality
of decisions in criminal cases - Code of Criminal Procedure ,
1898 (V of 1898), s. 403.
HEADNOTE:
A complaint was filed against ... June
19, 1952, pleaded the bar of s. 403 , Criminal Procedure
Code, basing it on his acquittal by the Special Judge, Mr.
S. C. Dutt
section 561-A Criminal Procedure Code . though they arise ont of a criminal proceeding and may, therefore, be regarded as criminal proceedings.
(8) Conflicting judicial ... that the principle of res judicata in criminal proceedings is confied to section 403 Criminal Procedure Code . In other words it is oniy
court to hear parties, he relied upon the provisions of S. 403 , Cr.P.C. and submitted that no party has any right ... revision, the petitioner, as is clearly enacted in Section 403, Cr.P.C., has no such right unless his case falls under Section
Penal Code after he had been acquitted of the charge under Section 342 Penal Code.
8. It may be stated here that Section 403 ... offence would be barred by Section 403 of the Code (Old), corresponding to Section 300 of the Code.
26. The learned Judge, therefore, held that
acquittal within the meaning of Section 403 , Criminal Procedure Code.
5. In the Code of Criminal Procedure , 1898 in dealing with definitions under Section ... Criminal Procedure Code and pointed out that it is clear from the scheme of Chapter XVI of the Code of Criminal Procedure that an accused
Criminal Procedure Code and sections 7 and 16 of the Prevention of Food Adulteration Act. The same read as under: " Criminal Procedure Code ... Criminal Case No. 417/3, the respondent was convicted and sentenced which led to him moving the application under section 403 Criminal Procedure Code
acquittal such as is referred to in p. 403, Criminal Procedure Code .
3. This view is not without authority. In Emperor v. Baijnath ... amount to an "acquittal."
4. Section 403 , Criminal Procedure Code, does not bar a re-trial ordered by an Appellate Court under Clause
