Sunday, August 5, 2012

Discharge and Acquittal


An accused may be freed from the charge made against him both by a discharge and by an acquittal.
Distinctions
1.       A discharge take place where there is no prima facie case made out against the accused , and he has not been put on his defense , nor any charge framed against him to which he could plead. Where as an acquittal takes place when accused has been called upon to enter on his defense  or a charge has been framed against him prima facie case having been made out by the prosecution . The accused here can be acquitted or convicted but he cannot be discharged.
2.       A amn who is discharged may again be charged with the same offence if other testimony should be discovered but a man who has been acquitted cannot be put on trial again for the offence of which he has been acquitted.
3.       An order of discharge is not a judgment but of an acquittal is.
4.       An acquittal is always final whereas an order of discharge leaves the matter at large for all purposes of judicial inquiry.

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