Trace Your Case

ISSUE:

Whether the conviction of Monica Bedi violated the protection against double jeopardy under Article 20(2) of the Constitution and Section 300 CrPC?

Whether the prosecution proved the offence of criminal conspiracy under Section 120-B IPC in relation to the fraudulent procurement of a passport?

Whether the offence of cheating by personation under Section 419 IPC and cheating under Section 420 IPC was made out against Monica Bedi?

Whether the submission of false verification reports and forged documents constituted forgery under Section 468 IPC?

Whether the involvement of a public servant in submitting a fraudulent verification report for a passport attracted liability under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988?

RULE:

Double jeopardy under Article 20(2) of the Constitution and Section 300 CrPC applies only when the same offence, not merely the same facts, has been prosecuted and punished twice. The test is whether the ingredients of both offences are identical, not whether the allegations arise from the same transaction.

Criminal conspiracy under Section 120-B IPC does not require direct proof of agreement; it can be inferred from conduct, circumstances, and execution of an unlawful objective.

Cheating by personation under Section 419 IPC is committed when a person deceives an authority by falsely representing themselves as another. The offence is complete upon misrepresentation, regardless of whether the deception results in actual harm.

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