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The Empress on the Prosecution of Ram Manikya Chakrobutty and ors. Vs. Dononjoy Baraj - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1878)ILR3Cal540
AppellantThe Empress on the Prosecution of Ram Manikya Chakrobutty and ors.
RespondentDononjoy Baraj
Excerpt:
practice - distinct offences--separate charges--criminal procedure code--(act x of 1872). sections 532, 553, 554. illus. b.--555. - ainslie, j.1. we see no grounds for interfering. section 453 of the criminal procedure code modifies section 452, which requires a separate charge and a separate trial for every distinct offence, by allowing three charges of three distinct offences of the same kind and committed within one year of each other to be tried at the same time; hut this does not mean that, if at one time or within one year a man commits fifty distinct offences of the same kind, he shall not in one day be prosecuted for more than throe such offences. this is clear from illustration (6), section 454.
Judgment:

Ainslie, J.

1. We see no grounds for interfering. Section 453 of the Criminal Procedure Code modifies Section 452, which requires a separate charge and a separate trial for every distinct offence, by allowing three charges of three distinct offences of the same kind and committed within one year of each other to be tried at the same time; hut this does not mean that, if at one time or within one year a man commits fifty distinct offences of the same kind, he shall not in one day be prosecuted for more than throe such offences. This is clear from illustration (6), Section 454.


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