GOPAL PRASAD SINHA versus STATE OF BIHAR

GOPAL PRASAD SINHA versus STATE OF BIHAR

The rule of issue-estoppel does not apply because the periods of alleged criminal breach of trust are different and facts determining the role of cashiership can change between such periods.

Source-derived case information.

Parties
Appellant: Gopal Prasad Sinha; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
16 October 1970
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order of Patna High Court
Outcome
Appeal partly allowed in the matter of sentence; Special Leave Petition (Criminal) No. 1048 of 1969 dismissed.
Legal Topics
Issue Estoppel, Criminal Breach of Trust, Section 409 IPC
Criminal Law Issue Estoppel Criminal Breach of Trust Section 409 IPC

Source-derived case record

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Parties

Gopal Prasad Sinha

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment and Order of Patna High Court

Legal Issues

  1. 1 Whether the rule of issue-estoppel applies when periods of the alleged offence are different in the current and previous proceedings involving the appellant under s. 409, IPC

Ratio Decidendi

The rule of issue-estoppel does not apply because the periods of alleged criminal breach of trust are different and facts determining the role of cashiership can change between such periods.

Court Disposition

Appeal partly allowed in the matter of sentence; Special Leave Petition (Criminal) No. 1048 of 1969 dismissed.

Orders

  • Sentence reduced to rigorous imprisonment for three years and a fine of Rs. 25,000, or in default, further imprisonment for 18 months.