Supreme Court · 1970 INSC 219 · Decided 16 October 1970
Gopal Prasad Sinha v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1970 INSC 219 · [1971] 2 S.C.R. 619
- Case number
- CRIMINAL APPEAL No. 212/1967
- Decided
- 16 October 1970
- Bench
- S.M. SIKRI, I.D. DUA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 409
Headnote
61~ Crimi;:al Procedure Code (Act 5 of 1898), s, 403-/.1.>11N"Stoppe/­ When applicable. The appellant was tried under .s. 409, J.P.C., for havin~ committee! crimin.al breach of trust during the period between January 31, 1960 and November 30, 1960 while acting as a cashier. He was put during the period December 8, 1960 to August 17, 1961 and in that case he was acquitted because it was held that he was not in charge of the cash. On the question, whether on the principle of issue-estoppel he should be acquitted, because, if he was not a cashier from December 8, 1960 to August
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