AIBE question and official answer

AIBE III 2012 Question 56

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Question 56 of 100 AIBE III 2012 Set Common

A is accused of forging currency notes, and is convicted by a Court of competent jurisdiction in State B of India and sentenced to the minimum prescribed punishment. Since part of the cause of action also arose in State C of India, a Court of competent jurisdiction in State C seeks to try A on the same facts. Which of the following Statements is the most accurate application of the principle below?

  1. A A can produce the judgment of his previous conviction and sentence handed down by the Court in State B, which would be a relevant fact, and would prevent the Court in State C from conducting a second trial on the same facts. Official answer
  2. B A cannot produce the judgment of his previous conviction and sentence handed down by the Court in State B, as it is not relevant and would not prevent the Court in State C from conducting a trial.
  3. C A cannot produce the judgment of his previous conviction and sentence handed down by the Court in State B because the previous sentence was handed down by Court in State B and was not in force in State C.
  4. D A can produce the judgment of his previous conviction and sentence handed down by the Court in State B, provided that the High Court of State C permits it.
  5. E A can produce the judgment of his previous conviction and sentence handed down by the Court in State B, provided that the Supreme Court of India permits it because the cause of action arose in different States.

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