Gaya Prasad Pal v. State (Delhi)
Delhi High Court2016:DHC:7941-DB; MANU/DE/3290/2016Bench: J. G.S. Sistani, J. Chander Shekhar
The Delhi High Court held: (1) Conviction under both POCSO and IPC does not violate Article 20(2) — there is no double jeopardy because the offences under the two statutes are distinct in their ingredients. Double jeopardy applies only when the same offence is tried twice, not when different offences arise from the same transaction. (2) Section 42 POCSO resolves the concurrence issue: where an act is an offence under POCSO and also an offence under any other law (including IPC), the accused shall be punished under the law providing for the more severe punishment. If the IPC prescribes a more severe sentence, the accused shall be punished under the IPC.