Reviewed case brief
Kalawati and Anr. v State of Himachal Pradesh
AIR 1953 SC 131
AIR 1953 SC 131 · Supreme Court of India
- Court
- Supreme Court of India
- Year
- 1953
- Subjects
- Constitutional Law I
- Reviewed
- 2026-08-02
Rule established
Art.20(2) double jeopardy protection applies only where the person has been both 'prosecuted AND punished' for the same offence; a mere prior acquittal does not trigger the bar, and an appeal against an acquittal is a continuation of the same prosecution, not a fresh one.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
AIR 1953 SC 131; early Art.20(2) precedent on the scope of 'prosecuted and punished'
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.