Plea of Guilt Cannot Override Protection Against Double Jeopardy: Delhi High Court

The Delhi High Court has ruled that a plea of guilt cannot override the constitutional safeguard against double jeopardy under Article 20(2) of the Constitution and Section 300 of the CrPC.

The petitioner had been convicted twice for the same offence on identical facts. The Court noted that the trial court had accepted the plea of guilt without examining the statutory and constitutional prohibition against a second prosecution.

Declaring the subsequent conviction and sentence void for lack of jurisdiction, the Court quashed all consequential orders. It held that the second conviction was void ab initio and accordingly set it aside.

[Subhash Pahwa @ Subhash Chander v State (NCT of Delhi)]