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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