No one is punished for the crime of another.
This is an old maxim which is used by many jurists in modern time. This maxim is interpreted in many judgments and cases.
This means to say that no person can be punished for any crime which has been done by some other person. He should be punished only for the crime he has done, not for the crime other has done.
A has committed trespass in b’s house. “c” a guard cannot be punished for trespass as he hasn’t committed any crime. No second person can be punished for the crime of another.
The District Collector vs Tmt.T.V.Kasturi on 21 February, 2014
It is seen that the marriage between the respondent / petitioner and one Chinnasamy, who is also employed in the Revenue Department as an Assistant, was solemnised on 11.06.1985 without prior permission from the appellant / respondent, which resulted in issuance of charge memo against the petitioner after a period of 22 years. Learned Single Judge, after considering the settled proposition of law and various aspects involved in the matter, decided to quash the charge memo on the sole ground of delay. The only question to be decided in the case on hand is as to whether issuance of charge memo after a lapse of 22 years is permissible in absence of any specific assertion or denial by the appellant as to the application made by respondent / petitioner, seeking permission for marriage under the Conduct Rules. The answer is in negative, as there is no justification pleaded in keeping the application pending for so many years without taking any decision either way and therefore, it goes without saying that Nemo punitur pro alieno delicto (No one must be punished for the wrong of another).
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje