Trial Court May Add Charges Under Sections 409 and 420 IPC Simultaneously If Facts Do Not Clearly Indicate Which Offence Was Committed: Kerala High Court
The Kerala High Court has ruled that when there is uncertainty as to which offence has been committed, a trial court can include charges under both Section 409 IPC (Criminal breach of trust by public servant) and Section 420 IPC (Cheating and dishonestly inducing delivery of property). The decision was delivered by Dr. Justice Kauser Edappagath in Anil K. Emmanuel v. State of Kerala and Ors. (OP (Crl.) No. 718…
