STATE OF PUNJAB versus SARWAN SINGH
Prosecution in this case was instituted beyond the statutory period of limitation prescribed under Section 468 CrPC. Therefore, conviction, sentence, and all proceedings culminating in conviction are non-est.
- Parties
- Appellant: State of Punjab; Respondent: Sarwan Singh
- Jurisdiction
- India
- Judgment Date
- 02 April 1981
- Procedural Posture
- Criminal Appeal / Appeal by Special Leave From High Court Acquittal
- Outcome
- Appeal dismissed; respondent acquitted.
- Legal Topics
- Limitation of Prosecution, Section 468 Cr PC, Misappropriation, Section 406 IPC
Case Brief
Summary, issues, holding and outcome
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Parties
State of Punjab
Appellant
Sarwan Singh
Respondent
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Acquittal
Legal Issues
- 1 Whether proceedings including conviction and sentence become non-est if prosecution is instituted after the statutory period of limitation
- 2 Interpretation of Section 468 and 469 of Criminal Procedure Code
Ratio Decidendi
Prosecution in this case was instituted beyond the statutory period of limitation prescribed under Section 468 CrPC. Therefore, conviction, sentence, and all proceedings culminating in conviction are non-est.
Court Disposition
Appeal dismissed; respondent acquitted.
Orders
- Respondent discharged from bail bonds
Full Case Text
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