| Direction: Given below are the statements of facts of the case. After statement of facts, legal principles are given apply the principles to the facts of the case and select the most appropriate answer from among the four alternatives. |
| Principle No person shall be prosecuted and punished for the same offence twice. |
| Facts 'A', a kleptomaniac, was an acquaintance of 'B' and used to visit 'B's home on weekends. One day, 'B' was unable to find his watch after a visit from 'A'. Ultimately, 'B' informed the police about the missing watch and the persons, who had been to his room. The police, among others, made a search on person of 'A' and found the watch in his pocket. At his trial, the court found him guilty of theft and sentenced him to 3 months in prison. After completing his sentence, 'A' went to 'B's home to apologies for his conduct. After 'A' left, it was discovered that 'B's watch was missing. 'A' informed the police, who located the watch from 'A's home. Can 'A' be prosecuted for theft? |
A) No, he has already been prosecuted and punished for theft and cannot be punished for the same offence again
B) No, he is a kleptomaniac with a psychological disorder of stealing and therefore cannot be found guilty
C) Yes, he can be prosecuted because he has committed two separate acts of theft
D) Yes, he can be prosecuted because the recovery of the stolen goods in each case has been from separate places
Correct Answer: C
Solution :
According to the Article 20(2) of the Indian Constitution and the principle given here. No person shall be prosecuted and punished for the same offence more than once. But in the present scenario, A can be prosecuted for heft second time also, because he has committed two separate acts of theft.
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