Criminal Appeal is continuation of Trial

It was also urged that as sub-clause (2) of article 20 of the Constitution provides that no person shall be prosecuted and punished for the same offence more than once, the Government cannot have any right of appeal against an acquittal. If there is no punishment for the offence as a result of the prosecution, the sub-section has no application ; and secondly, an appeal against an acquittal wherever such is provided by the procedure is in substance a continuation of the prosecution. Mr. Tarachand, who appeared for Kalawati, ultimately desisted from pursuing these constitutional objections and addressed himself to the merits. I