In Brief
A man previously acquitted of kidnapping was prosecuted for the murder of the same alleged victim after skeletal remains were discovered 11 years later. The trial court dismissed his plea under Section 300 Cr.P.C. (protecting against double jeopardy) by deferring it to the charge-framing stage. The Supreme Court held that such pleas must be decided at the discharge stage, which precedes charge-framing. Once charges are framed, the accused cannot invoke Section 300 protections. The Court remitted the matter for proper consideration of the double jeopardy plea before any charge is framed.
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