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1953 (5) TMI 12 - SC - Indian LawsWhether the various acts in respect of which the appellants were convicted constituted offences in this area only from the date when Ordinance No. XLVIII of 1949 was passed or were already so prior thereto? Held that:- There is therefore no substance in the argument that the amendment of section 21, Indian Penal Code, by Ordinance No. XLVIII of 1949 brought about any change in the situation of the first appellant as a public servant. (1) The appeal to the Judicial Commissioner from the acquittal by the Special Judge was competent; (2) The trial of the appellants under the Vindhya Pradesh Criminal Law Amendment (Special Courts) Ordinance No. V of 1949 is not open to objection under article 14 of the Constitution; (3) The criminal law relating to the offences charged against the appellants at the time of their commission was substantially the same as that which obtained at the time of the convictions and sentences by the appellate court. This was so both in respect of offences committed within the limits of the State of Vindhya Pradesh and those committed outside it ; (4) The law relating to the offence committed by the first appellant outside the State of Vindhya Pradesh (at New Delhi) was perfectly within the competence of the appropriate legislative authority at the relevant time; and (5) Consequent on 3 and 4 above, the objection to the convictions and sentences of the appellants ,under article 20 is not sustainable.
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