IPC and, therefore, he was alleged to
have committed two separate offences under section 201 IPC. It was
held that neither section 71 ... Constitution i.e.doctrine
of autrefois acquit or Section 300 Cr.P.C. or Section 71 IPC or Section
26 of General Clauses
Neera Yadav vs Central Bureau Of Investigation on 2 August, 2017
Equivalent citations: AIR 2017
Kaziman Gurung vs State Of Sikkim on 26 July, 2017
Author: Bhaskar Raj Pradhan
Bench
offences, the
Court may, subject to the provisions of section 71 of the Indian Penal Code
(45 of 1860 ), sentence him for such offences ... backdrop of Section 220 CrPC."
25. In the light of the law enunciated from reading Section 71
of the
Section 71 IPC, in the
backdrop of Section 220 CrPC."
71. Section 71 IPC would thus be attracted. The convict ... offences, the Court may, subject to the provisions of
section 71 of the Indian Penal Code (45 of 1860), sentence him
for such offences
from the record that the complainant
had filed a complaint under Section 138 of the Act of
1882; however, it is pertinent to point ... Constitution i.e.
doctrine of autrefois acquit or Section 300
CrPC or Section 71 IPC or Section 26 of the
General Clauses
under Section 326 IPC. Therefore, the offence under Section 323 IPC
is minor one and the offence under Section 326 IPC ... sentencing the appellants under
Sections 323 and 326 IPC in view of the provisions of Section 71 IPC.
Thus, the conviction and sentence
doctrine against double jeopardy, and for the purpose of
section 300 Cr PC, section 71 IPC, and section 26 of the General Clauses ... Constitution i.e.
doctrine of autrefois acquit or Section 300 CrPC or Section 71
IPC or Section 26 of the General Clauses
offence, at all events, falls within the overlapping
areas between Section 429 , IPC on the one hand
and 9(1) read with ... reflected in analogous
provisions of Section 26 of General Clauses Act, 1897;
Section 71 IPC; Section 300 of the
found
contained in Section 300 CrPC; Section 26 of
the General Clauses Act and Section 71 IPC.
10. Section 300(1) CrPC reads ... Constitution i.e. doctrine of
autrefois acquit or Section 300 CrPC or Section
71 IPC or Section 26 of the General Clauses
